subsidence caused by council trees

we need more trees, due to global warming. If trees have been in place before buildings were constructed it is likely that the subsoil would have been in equilibrium at the time of building. The trees in question were the responsibility of a housing association, Family Mosaic Housing ("Mosaic"), and of Islington London Borough Council respectively. The judges at the Court of Appeal went to some length to pull apart the meaning of Section 198(6)(b) and the TCC judge’s interpretation – particularly, whether the removal of the oak tree was necessary, in context to this Section (“this appeal turns on whether the judge was correct in his conclusion that the word ‘necessary’, in the context of section 198(6)(b) of the 1990 Act“). Trees and Vegetation The main cause of subsidence movement in the UK is the influence of tree roots in clay soil. The first step to take if you suspect subsidence or movement due to tree roots is a call to your buildings insurer. Subsidence damage as caused by a tree subject to a Tree Preservation Order is an issue that demands cross-profession liaison; specifically, between at least the arboriculturist, planning officer / manager, and insurance officer / manager for the Local Planning Authority (i.e. The judges rounded-up by asserting that, in their determination, it is “intended that a protected tree should remain protected unless there was a real need to lift that protection” and that that the phrase in Section 198(6)(b) of “so far as may be necessary for the prevention or abatement of a nuisance” be interpreted as “‘if and so far as may be necessary for the prevention or abatement of a nuisance’“. Sometimes it’s a bit tricky, in my recent experience, because putting a value on the cost of underpinning is much easier than on a tree, given the underpinning actually costs money and the tree doesn’t really yield a direct return. and the tree(s) is subject to a Tree Preservation Order, it may very well be necessary to consider the management of the situation in a more holistic lens. What is the problem with trees and buildings? Where damage to public spaces including footpaths and driveways is suspected to have been caused by roots from street trees, residents are advised to contact Council’s Customer Service Centre on 9083 8000 for inspection by a Council officer. This can crack external and internal property walls. Please note that the information I am sharing on my blog is for the use of all those who read it. This is generally only a problem on shrinkable clay soils. As a precursor before continuing, it is important to recognise that the case being discussed below must never be considered in isolation – therein, nor should the decision be made in blunt isolation. These trees could be council owned or on neighbouring private land. 1. Local authorities, being large landowners with extensive tree stock in residential and urban areas are often the obvious targets for such claims. Trees - subsidence and direct damage Indirect damage to buildings. Moreover, the judges determined that “Parliament plainly intended that, in such a case and subject to obtaining the consent of, or compensation from, the local planning authority, A is left to bear his own loss: a risk which, in the ordinary way, he will cover by insurance. Subsidence damage to your property caused by trees or shrubs. Our house lost … For claims relating to damage to sewer and stormwater pipes alleged to have been caused by Council trees, below is a guide as to the documentary evidence required. The Court of Appeal has upheld the decision of the trial court in relation to a claim for subsidence damage to a residential building caused by tree roots. Change ), Trees and subsidence – situations involving trees with a Tree Preservation Order (TPO), Section 198(6)(b) of the Town and Country Planning Act 1990, Perrin & Anor v Northampton Borough Council & Ors [2007] EWCA Civ 1353 (19 December 2007), Capital Asset Valuation of Amenity Trees (CAVAT), cost of underpinning (including the associated activities to facilitate the underpinning). Copy of Services Plan – Sewer Main – of the property address, sourced from Sydney Water via dial before you dig or phone 1100 (free service). The process can take many years but the damagecaused by heave is, in most cases, much more severe than that caused by subsidence. 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