Local authority trees

Local authority trees

Postby DP266 » Fri Nov 02, 2012 4:00 pm

Hi. I'm looking for some help and advice. We live adjacent to a small copse on our estate which is owned by the local authority. We did have a number of trees surrounding our property and google earth shows that they covered half of our roof space in full leaf. About five of these were felled in 2009/10 by the council. However, one - a sycamore - has been left in situ. This is less than 5 metres from the wall of our attached garage. Two others to the rear were further away but were felled. In the past, a branch has fallen from the tree and broken a windscreen - council paid for repairs. Recently I have noticed that the paving flags at the side of the house and adjacent to the garage wall have started to rise up. I understand that this is due to the roots of the sycamore. I have asked the council to either fell the tree or manage the roots - 5 metres is far closer than the 17 metres recommended for a sycamore. They have refused saying that:
1. I must accept root inccursion living near a copse
2. They don't want to hire the required equipment to manage the roots
3. The guidance on trees distances is irrellevant because the tree is in non-shrinkable soils and such damage cannot occur

I am worried about long term damage to our home - foundations etc, the cost of repairs, higher insurance costs when we have to decalre the damage and loss of value of our prpoerty due to tree damage.

Do I have options?
DP266
 
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Re: Local authority trees

Postby TO » Fri Nov 02, 2012 9:09 pm

Hi

DP266 wrote:1. I must accept root inccursion living near a copse
You do not have to accept root incursion. You have the right to self remedy. That is cut the roots off at the boundary.

DP266 wrote:2. They don't want to hire the required equipment to manage the roots
They are not obliged to manage the roots

DP266 wrote:3. The guidance on trees distances is irrellevant because the tree is in non-shrinkable soils and such damage cannot occur
The value of the distances of trees to buildings used by all the tabloids and the National Hose Building Council et al is at best debatable, and it does only apply in shrinkable clay soils.

DP266 wrote:I am worried about long term damage to our home - foundations etc the cost of repairs, higher insurance costs when we have to decalre the damage and loss of value of our prpoerty due to tree damage
What makes you think your foundations are at risk, or there is any risk of long term damage as a result of the tree. The Council have paid for the damage the tree caused to your car so no claim no increased cost. Living in a well treed area increases property values by around 15%, so it is the removal of the trees that will result in a fall of property value, not the existence of the tree.

DP266 wrote:Recently I have noticed that the paving flags at the side of the house and adjacent to the garage wall have started to rise up. I understand that this is due to the roots of the sycamore.
Can you prove it's the sycamore. If so put the damage right and put the Council on notice that they will be held liable for any costs arising from continuing damage. Keep records and photos etc. as proof. The Council are not responsible for damage they were not aware of, but once made aware of the problem should act to prevent it continuing.

TO
TO
 
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Re: Local authority trees

Postby DP266 » Sun Nov 04, 2012 10:31 am

Thank you, that really helps.
DP266
 
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