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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in the process of appealing a decision by our local

Resolved Question:

Hi I am in the process of appealing a decision by our local council regarding the felling of a large yew tree with a TPO on it. I asked to be allowed to fell due to the massive amount of berries produced by the tree between end June through to December. Our 4 grand children age 1 to 10 play in our garden up to the point were the berries start to fall. I was concerned when one of them then age 2 picked up a berry and stated yum blackberries and intended to eat the berries which contain deadly seeds. The local parish council fully supported us and sent the deputy mayor to speak on our behalf. There was a mix up at the planning meeting and I was not registered to speak and as such was not allowed to get my point across regarding the health and safety of our grand children. The councillors at the meeting were divided and the tree officer showed them an historic map 1882 of the area with a tree highlighted on it saying this was the tree.the tree identified was not in our garden and was deciduous not coniferous we believe committee were misled. The request to fell was refused and they suggested a maintenance plan of removing 10 to 15%. However the tree produces masses of berries up to an inch thick in depth on the ground and this small reduction would mean we would be revisiting this again in a couple of years time. Our appeal is in September and in the meantime I had put in a request to reduce the tree by 50% to get control of it this as also been refused. Have you any advice or guidance please
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Have you approached your local Councillors? If so what have they said? Just to note I am on a course today so there may be a little delay before I reply.
Customer: replied 1 year ago.
The local parish council unanimously supported the felling as stated and the local deputy mayor spoke on our behalf at the full planning meeting the vote was split and they decided they did not want to set a prescident so recommended a maintenance plan be put in place to trim 10- 15% however this would mean we would be reapplying again in a couple of years. Our local councillors is a bit miffed they did not support our case and numerous neighbours have commented on the decision supporting us but it seems if the tree officer objects the whole process stops no matter what. The tree is in a 2mtr depression surrounded by a 2mtr fence. They tree guy says that it is a visual amenity but leaving things as they are means we cannot use our garden and the grandchildren are at risk during the summer due to the deadly berries on the yew (taxis bachata).
Expert:  Ash replied 1 year ago.
Sadly what you need to do is Judicially review the decision. You can't complain to the council or ombudsman at this stage because there has been no final finding. But you can consider a judicial review which is where a high court judge examines the decision of the council.
The judge will see whether the decision made is legal and reasonable. The judge can agree with their decision or remit it back. I think the only sticking point is that the appeal process is not yet complete. I realise this means you are stuck over summer, but you may be able to start the process.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Ok thank you do you think I can stress the duty of care I have to my grandchildren and others who enter my property when the berries fall ?
Expert:  Ash replied 1 year ago.
Sadly unless there is injury a court won't give an order for a theoretical loss. That is the difficulty you face. It may or may not be an issue if it's been like that for years.
Alex
Customer: replied 1 year ago.
Thank you looks like I'm in the hands of the inspector then at the hearing
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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