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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice
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Hi What do i have to do to apeal to the county court regarding

Resolved Question:

Hi What do i have to do to apeal to the county court regarding beingissued with a notice to cut my beautiful tress under sec 23 of the local government act 1976
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.


On what basis do the local authority say that the trees are dangerous?


Have branches been falling off?


Do you have any proof from a tree specialist which says that the trees are not dangerous and do not need this work?

Customer: replied 2 years ago.

Hi Jo the council hasn't provided with any more information other then saying that "they are in such condition that they are likely to cause damage to person or property on the adjacent land they are conifer trees only thing I can think of is that they were swinging when we had that very bad weather. I am prepared to cut them short but not chopp them completely. Council haven't provided me with a report, are they suppose to? just add I haven t seeked independent assessment of the trees yet that is what iam going to do depending on advise

Expert:  Jo C. replied 2 years ago.
The local authority could have dealt with this under the nuisance tree legislation which permits them to cut them down to 2 m high. It only applies to evergreen and not to deciduous. However it appears they have decided that they are not nuisance but dangerous.

The end result is largely the same but the legislation is different. How it is dealt with however is the same.

If this work is imminent the first thing you need to do is to apply to court for an injunction to prevent the council doing the work in the short term.

What you then have to do is make an application to court for Judicial Review which you can only do on the grounds that the Council’s decision is irrational, illegal or they have not followed the correct procedure.

Even if judicial review is successful it does not change the Council’s decision necessarily. All it does is make them look at the decision-making process and the decision again. They may come to the same decision.

In order to make a successful application for the temporary injunction and judicial review you are going to need some expert evidence to say that the trees are not dangerous.

In the meanwhile, if anyone is injured by the trees or any property is damaged by them, you will be held liable and that claim could be extremely costly.

Without the expert advice saying that the trees are in excellent health and condition, it is really not worth taking this to court.

If your application for an injunction is not successful because the council successfully defend it, you are probably looking at costs of a couple of thousand pounds to pay for the Council’s legal costs plus any legal costs you incur yourself..

Even if you get the injunction, if your claim for judicial review is not successful you could be looking at another £10,000 in legal costs although you would get those costs back (as you would for the injunction application) in the event that the application for judicial review is successful.

It is worthwhile looking at your house insurance to see if you have legal expenses cover that would pay for this cost risk.

I’m sorry if a lot of this is bad news for you particularly with regard to costs potential.

Can I clarify anything for you?

Customer: replied 2 years ago.
Hi jJo the council is not going to cut the trees ,themselves they have asked me to cut the trees the notice says I have right of appeal to county court if I disagree I am going to get an independent assessment done by tree expert I need to how to proceed to make tan appeal
Expert:  Jo C. replied 2 years ago.

If they are happy for you to do it that way, then you need to make an application to court using form N244, to have the issue determined by a county court judge.

You will need to attach your evidence that the trees are not dangerous and witness statement as to all the facts.

It would obviously assist you if you had trimmed the trees substantially before making the court application or having the expert report undertaken.

The matter will be decided by the judge comparing the council's findings with your own findings.

If the council defend this as they will do and you lose you could be looking at several thousand pounds of court costs which you will need to be prepared to fund although you will get those costs back if your application is successful
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo thank you very much for your advise I shall talk to the council to see if they agree that I can trim the trees

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