TPO application refusal - liability

[Luckyleaf]

It's the basis of the "concern" from the current homeowner but the historical damage pre-dates their ownership.

 

Is that Chris? Did we meet at the AAAC workshop at Kingsley Village, Fraddon??

 

 

We did mate about 2years ago I think ?

[kevinjohnsonmbe]

We did mate about 2years ago I think ?

 

Bloody hell.... 2 years! Where does the time go??

[Luckyleaf]

Yeah I know mate, I attended a few of those workshops I'm not sure if that was my last or I may have attended just one more b4 Paul issued a restraining order for stalking 😂😂

[kevinjohnsonmbe]

Yeah I know mate, I attended a few of those workshops I'm not sure if that was my last or I may have attended just one more b4 Paul issued a restraining order for stalking 😂😂

 

Brilliant! :lol:

 

We can still get him on here though!!

[Luckyleaf]

It's the basis of the "concern" from the current homeowner but the historical damage pre-dates their ownership.

 

Is that Chris? Did we meet at the AAAC workshop at Kingsley Village, Fraddon??

 

 

I can understand your customers concern but as it historical damage, which has now been repaired ? they will have to back their application up with a report from qualified engineer, more ££ I know but your client will have to justify the trees removal with an experts report demonstrating what damage the rooting system is doing to the services. Oh and it's Sean btw

Edited April 9, 2016 by Luckyleaf

[daltontrees]

If the application did not present evidence that the damage was foreseeable, this is a non-starter for compensation. The evidence would have to show that the damage had not already been done before the appplication date.

 

And be careful, cutting back for telecoms is not exempt, it is only if the site is 'operational land' of the undertaker.

 

All of the aforegoing applies only to England, don't know about Wales or NI, but definitely not Scotland.

[kevinjohnsonmbe]

If the application did not present evidence that the damage was foreseeable, this is a non-starter for compensation. The evidence would have to show that the damage had not already been done before the appplication date.

 

And be careful, cutting back for telecoms is not exempt, it is only if the site is 'operational land' of the undertaker.

 

All of the aforegoing applies only to England, don't know about Wales or NI, but definitely not Scotland.

 

 

Thanks Jules, all understood and appreciated, original application did not present a video drain survey since I didn't want them to incur the expense at that stage. It was hoped that we (homeowner /LPA) might have a meeting of minds, in hindsight, about the wisdom of TPOing this particular tree.

 

Application Decision is not formally issued yet so there may be some room for manoeuvre if homeowner wants to engage a video survey of drains.

[kevinjohnsonmbe]

I can understand your customers concern but as it historical damage, which has now been repaired ? they will have to back their application up with a report from qualified engineer, more ££ I know but your client will have to justify the trees removal with an experts report demonstrating what damage the rooting system is doing to the services. Oh and it's Sean btw

 

 

Right-on Sean! All understood and appreciated!!

[kevinjohnsonmbe]

I can understand your customers concern but as it historical damage, which has now been repaired ? they will have to back their application up with a report from qualified engineer, more ££ I know but your client will have to justify the trees removal with an experts report demonstrating what damage the rooting system is doing to the services. Oh and it's Sean btw

 

 

Right-on Sean! All understood and appreciated! If you're ever down Liskeard way and fancy a brew...

[Luckyleaf]

Right-on Sean! All understood and appreciated! If you're ever down Liskeard way and fancy a brew...

 

 

Definitely mate I will do that 👍👍