UKTC Archive

RE: RE: Civil cases for nuisance or damage to property

Subject: RE: RE: Civil cases for nuisance or damage to property
From: Alastair Durkin
Date: Jan 13 2020 08:46:42
I disagree Julian

No reason as far as I can see why you cannot protect encroaching TPO'd (or 
any other) roots from construction activity with a condition. Of course, as 
you say, there is an argument if the roots are actually preventing a dwelling 
being built (and it is an argument -  I'm not convinced it's been settled), 
but if we are talking about protecting the RPA from construction activity 
associated with an approved application then it’s a perfectly reasonable use 
of a condition.

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Julian Morris
Sent: 12 January 2020 10:37
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: RE: Civil cases for nuisance or damage to property

I had this situation in spades last week. LPAs cannot lawfully impose 
conditions to protect a tree on land that's not within the application 
boundary. Even if they TPO'd it the encroachment can be removed under 
exception if it's a nuisance i.e. preventing some reasonable use of the land.

Julian A. Morris - Professional Tree Services jamtrees.co.uk  and  
highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Sunday, January 12, 2020 at 10:24 AM
From: "Jerry Ross" <trees@xxxxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: Civil cases for nuisance or damage to property

Clearly it should have been; not sure if it was considered. I'm only 
peripherally involved; just posing the question...


From my mobile

On 12 January 2020 10:19:48 Jim Quaife <jq@xxxxxxxxxxxxxxxxx.co.uk> wrote:

If the tree was on the boundary was it material to the planning 
application?
(Happy New Year everyone!)
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jerry Ross
Sent: 12 January 2020 08:17
To: UK Tree Care
Subject: Re: Civil cases for nuisance or damage to property

Here's another instance: a tree on a boundary leans strongly out 
over adjoining land and there is some evidence of instability (it's 
a 3 stemmed False Acacia and the basal fork looks a somewhat iffy) 
However the land in question is a field and is essentially 
unoccupied, so risk of harm is negligible.
But consent has been granted for a dwelling 8m away, directly 
opposite the tree.
The risk level is thereby raised, probably to an unacceptable level, 
solely as a result of the introduction of a permanent 'target'.
Where does liability lie?

(The tree owner wishes to keep the tree. However, if forced to 
remove it, the costs would be significantly greater as a result of 
the new development next door)


From my mobile

On 11 January 2020 18:56:41 AV Arboriculture <mike@xxxxxxx.co.uk> wrote:

Has anyone ever heard of a civil case involving a tree causing 
nuisance or damage to property actually going to court? And if so, what 
was the outcome?

I have a client who is being threatened with civil action because 
her tree is causing damage to her fence and slabs. The tree has 
been there longer than the landscaped garden. In my mind, the 
neighbour should be able to predict that any hard landscaping in 
that area is at risk of being damaged, so it it her responsibility?

I would be really surprised if such spurious cases got any court 
time, especially as the courts are severely stretched like every 
other public service.

Mike Charkow



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The UKTC is supported by Bosky Trees arboricultural consultancy 
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The UKTC is supported by Bosky Trees arboricultural consultancy
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