TPO Tree v Recently built garage

[Nimby]

Scenario: Nice tree, recently re-built garage. Garage owner submits TPO app for removal based on foreseeable damage (it is very close and tree now rubbing on soffits) and states that compensation will be sought from the LA if application is refused.

 

Is there any existing case law of a similar situation or has anyone any experience of said events?

 

Tree is TPO'd and has a reasonable level of amenity. Also, at least one neighbour has said they would not like to see it removed.

 

Any thoughts appreciated. 

  

[Mark J]

I think that the tree wins here. Surely it was noticed at the time of rebuilding. If the garage owner had submitted an app prior to works, then it might be contestable. Can't see a reason why the tree should suffer eitherway.

[kevinjohnsonmbe]

Inclined to agree with Mark. Maybe the garage re-build should have taken account of the tree and properly accommodated it (and future growth potential)

 

Unlees the garage has some over riding importance which supersedes TPO, best they might hope for is some  pruning. 

[Mark J]

^ Agreed. Also, they've shot themselves in the foot by admitting their new structure is likely to damage a TPO'd tree.

[Canal Navvy]

The Bristol case with the conservatory springs to mind ?

 

[Stubby]

44 minutes ago, Mark J said:

^ Agreed. Also, they've shot themselves in the foot by admitting their new structure is likely to damage a TPO'd tree.

It may already have . Footings verses roots etc .

[Gary Prentice]

3 hours ago, Nimby said:

Scenario: Nice tree, recently re-built garage. Garage owner submits TPO app for removal based on foreseeable damage (it is very close and tree now rubbing on soffits) and states that compensation will be sought from the LA if application is refused.

 

Is there any existing case law of a similar situation or has anyone any experience of said events?

 

Tree is TPO'd and has a reasonable level of amenity. Also, at least one neighbour has said they would not like to see it removed.

 

Any thoughts appreciated. 

  

Did any of this rebuilding go through planning or was it done on the original foundation without any planning department involvement?

[Gary Prentice]

38 minutes ago, Canal Navvy said:

The Bristol case with the conservatory springs to mind ?

 

The candy floss conservatory?

[Canal Navvy]

26 minutes ago, Gary Prentice said:

The candy floss conservatory?

Yup....... Built on insufficient foundations and still awarded £25,000 in damages. I could think of some people who'd see it as a way of circumventing a TPO  ?

[WesD]

I’d send a letter back claiming if the garage damages the tree compensation will be sought.