Tree removed without owners consent

[AaronN]

Once again Thank you for all the replies and I'm glad to see that this thread has helped out other Arbs.

 

To give you all an update (should you be interested) I have found a development application for the site which was refused in 2010. Within this application the tree was not in a location which would have hindered the development (see attached image showing our tree T13). However, I believe that what they are going to apply for next is/was probably hindered by the location of T13 i.e. they want to construct within the RPA. Because of this I would say that the remaining trees around the site are at 'Risk' and therefore warrant a TPO. I have contacted the LPA asking that this be considered as a matter of urgency.

 

Watch this space - I will update should we have any success in penalising the developer/owner.

[10 Bears]

There are two routes this can proceed down; they are not mutually exclusive, although the police might suggest they are "This is a civil matter......." Just because you have the right for a civil claim does not prevent a criminal prosecution.

 

I agree with you here Jon, however, I have known and experienced police dismissing reports of similar situations as this, using the civil argument as justification for dusting their hands as they walk away. My purpose for mentioning this to the OP was to forewarn that this tactic may be used and not to be put off by it.

 

You are also correct in suggesting that court will not redistribute any 'fines' levied from the 'defendant' to the claimant, as all these essentially end up in the UK Government's Consolidated Fund (essentially the Gov's current account). However, both the Magistrate and the Crown Courts can award compensation orders, albeit for differing amounts.

 

The OP should list the elements of their fiscal claim for loss or damage on a TIC (taken into consideration) form should they decide to take the defendant to court, and this will form an element of the claim. At the Magistrates, the maximum loss/damages claim permitted is up to £5000, whereas at the Crown Court the compensation order is potentially unlimited, but, the amount will be governed by the potential of the offender to pay.

 

Since 2012, in cases as this, courts are required to provide compensation orders to successful claimants, ie seek some form of compensation for damages/loss etc. unless the court can provide clear and just reasons as to why they are not going to award one.

 

So in short, it is certainly worth seeking redress through the courts if you are looking to recover monies for loss of value or damage to property as there is now a reasonable chance you will recover some monies should you win your case.

[10 Bears]

I believe that what they are going to apply for next is/was probably hindered by the location of T13 i.e. they want to construct within the RPA. Because of this I would say that the remaining trees around the site are at 'Risk' and therefore warrant a TPO. I have contacted the LPA asking that this be considered as a matter of urgency.

 

I think you are quite right in your assumptions Aaron, and I too would try to get the local TO involved, however, they may be a little reluctant in the given situation.

 

Although you are claiming the trees are at risk, and to some degree this may be true, there is no suggestion that the risk is imminent and from the view of the map, there is very little 'public interest' (TO term) in the trees as these are behind private houses - so in affect not really in the public domain (I will stand corrected if there is a public right of way through the field).

 

Still, try to get the TO on site (sorry to say, but good luck with that!) and have a look to see the damage and present your plans. Also again, keep logs of all this and look out for the planning application notice for the field. Make sure you and your neighbours object as strongly as you can. This needs to be based on facts only, and from differing viewpoints ie not the same view that they are killing the trees... submitted over and over again as this will actually only count as one objection.

 

Keep us posted...

[AaronN]

To give you a bigger picture of the area I have attached a plan showing the surroundings. We own all land titled as open public access and this is true apart from when the arable field is seeded (we then expect the public to walk around the fringes), all other fields are grazed. As for official public rights of way, they are indicated by a red line.