Couple win case against council on TPO tree

[Paul in the woods]

I saw this and thought in might be useful:

 

A couple whose conservatory was undermined by the roots of an oak tree have won a landmark £25,000 test case against the council.

 

Cracks in Richard and Nicola Burge's conservatory eventually became so bad that the whole structure had to be demolished and rebuilt.

 

The couple blamed South Gloucestershire Council, which refused to let them fell the tree.

 

The oak stands almost 40 feet tall, is outside the couple's property and is subject to a tree preservation order.

 

Massive bill for council after Bristol couple win case over tree roots that bought down conservatory | Bristol Post

[Marko]

Interesting; as will be how the ramifications of this pan out.

[Gray git]

As long as people don't start quoting this case to trt frighten the council insted of providing proper evidence

 

http://www.dryadarb.co.uk

[treesrus]

so once again poor building practice wins the day.

[muttley9050]

That's one of the problems of having no building regs on conservatories. Builders can decide the foundation spec and price usually wins the day.

 

Sent from my GT-I8200N using Arbtalk mobile app

[Stubby]

So new Oak tree felled to preserve 350 year old conservatory ..... Good shout .

[Gary Prentice]

As long as people don't start quoting this case to trt frighten the council insted of providing proper evidence

 

Dryad Arbor-Artists | Tree Surgeon Darlington

 

Fortunately the onus is on the applicant to prove, on the balance of probability, that trees are the cause of damage. The tree works app form states to evidence must be provided to validate the application.

 

The councils legal team were pretty poor, reading the article. The defense that the conservatory was poorly constructed is no defense due to the doctrine of 'take the victim as you find him'.

Edited August 4, 2016 by Gary Prentice

[Gary Prentice]

So new Oak tree felled to preserve 350 year old conservatory ..... Good shout .

 

Were you on the pop last night? The conservatory was built in 2004.

[Chris at eden]

Can't see what is landmark about it!!! Not the first time a resident has sued the council over damage and won. 400mm foundations is a joke even by conservatory standards.

[Gary Prentice]

Can't see what is landmark about it!!! Not the first time a resident has sued the council over damage and won. 400mm foundations is a joke even by conservatory standards.

 

I'm not a 100% sure, it's a while since I read it, but didn't Delaware Mansions conclude that the owner becomes responsible only after they are informed? And Khan added to it.

 

 

 

Or am I getting confused?