UKTC Archive

Planning and Safety

Subject: Planning and Safety
From: John Booth
Date: Sep 23 2020 13:24:18
I've always understood that the LPA determine applications on planning merit
and if they've decided that the tree is not worthy of a TPO and all other
boxes are ticked then consent is given.  It is not for the LPA to get into
wranglings between tree owner and neighbour, that is something for the two
parties to resolve.  Yes, roots crossing a boundary do represent a
'nuisance' at law (I think!) but that does not give carte blanche to the
neighbour and he still has a duty of care to the tree owner.  If this kind
of situation gets messy I think the only way forward would be for the
neighbour to seek an injunction that requires the tree owner to abate the
nuisance ... as Jim says, 'fun days in court'!!




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