Black Poplar in danger

[Mousehole]

Hello All,

 

I have a black poplar which now stands on the edge of a river bank and is at risk from bank erosion. The problem stems from work done by the environment agency some years back when they reinforced the far bank with gabian cages.

 

Does anyone know if I have ay redress against the agency.

[Steve Bullman]

Is it a genuine black poplar? Is there any TPO on it?

[treequip]

Hello All,

 

I have a black poplar which now stands on the edge of a river bank and is at risk from bank erosion. The problem stems from work done by the environment agency some years back when they reinforced the far bank with gabian cages.

 

Does anyone know if I have ay redress against the agency.

 

Crucial to redress is evidence, it needs to be in the form of what you can prove ( in court if need be) rather than what you know. Without evidence you are on a hiding to nothing.

[felixthelogchopper]

You would need to be able to show that the bank your tree is on was stable before the work was done to the opposite bank and that the erosion only occurred after the work was completed. If it could be argued that the erosion to your bank is simply ongoing and natural, you would have no case. The EA may also be able to use a defence of necessity (as per Lord Goff, F v West Berkshire Heath Authority) to show that their work was vital to protect something on the opposing bank. Have you got legal cover on your house insurance which would allow you to obtain the services of a solicitor? If not, try Citizens Advice or see if your local university law department has a pro bono section. Good luck with it and please keep us updated.