TPO tree fell in the storm yesterday

[drinksloe]

I'm i not right in saying it's ur neighbours house insurance that they claim of not ur's??

 

Just had a quick look into this for myself and wot i read suggested ur insurance covers ur house and the neighbours insurance would cover their own house.

 

So if all damage timber on ur neighbours ground should they're insurance not pay for it and give u the timber back if u want it

[Johnelle]

From my understanding yes. 

Any one want some poplar logs? Apparently they’re not that good for burning but excellent for matchsticks production

[harryattshgm]

45 minutes ago, Johnelle said:

Any one want some poplar logs?

Where are you based?

[Johnelle]

Still not heard of anyone who has had a tree fall that had a TPO AND in the appeals process.

Our District Councillor has suggested we will have to apply to ‘work’ on the TPO tree (again) to get the TPO removed - otherwise it remains on the plot

Anyone experienced this?

[carlos]

in the op,s opening posts the reason for the application was to do with tree safety and neighbor's listed building and yet in the pdf application link it only states suckers and roots being a nuisance?

 

has there been any recent landscaping or returfing carried out around the rootzone of the tree?

carl

[Essexlogman]

On 19/02/2022 at 13:15, Johnelle said:

Having gone to appeal about the TPO (and still in backlog since Sept) we were delighted yesterday when storm Eunice felled the poplar.

But it has damaged next door’s property and covered half the churchyard. Who is responsible for clearing up?

And are the council in anyway responsible, given that they slapped the TPO on it, despite our concerns that the tree was leaning and close to neighbouring property?

 

[Essexlogman]

On 19/02/2022 at 13:15, Johnelle said:

Having gone to appeal about the TPO (and still in backlog since Sept) we were delighted yesterday when storm Eunice felled the poplar.

But it has damaged next door’s property and covered half the churchyard. Who is responsible for clearing up?

And are the council in anyway responsible, given that they slapped the TPO on it, despite our concerns that the tree was leaning and close to neighbouring property?

 

[Essexlogman]

On 19/02/2022 at 13:15, Johnelle said:

Having gone to appeal about the TPO (and still in backlog since Sept) we were delighted yesterday when storm Eunice felled the poplar.

But it has damaged next door’s property and covered half the churchyard. Who is responsible for clearing up?

And are the council in anyway responsible, given that they slapped the TPO on it, despite our concerns that the tree was leaning and close to neighbouring property?

You as far as I am aware up to your fence line concerning storm damage but claimable on your insurance up to that line and regards to your neighbours you out of courtesy if you want to keep in with them and as you mentioned a result but any damage to their property is down to their insurance 

[daltontrees]

On 19/02/2022 at 16:06, skyhuck said:

Not necessarily.

 

A council was found liable for damage caused by a failed TPO'd tree, where they had refused an application to fell.

The COuncil in specific circumstances would be responsible for damage, but I cannot see any interpretation of the legislation that would make it responsible for the costs of removing a fallen tree.

 

I think Johnelle made this distuinction in his questions.

[daltontrees]

Maybe I'm missing something here....

 

A Council will only be responsible for damage following a refusal  if the damage was foreseeable at the time of refusal (or maybe at time of application). But in this case, according to the link we have been given, a CA notification was put in and was countered with a TPO. In that case there had been, strictly speaking, no TPO application. I am going to have to read the whole saga again...

Edited February 20, 2022 by daltontrees