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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A new cycleway path is being constructed next to my hedge and

Customer Question

A new cycleway path is being constructed next to my hedge and 5 of my lime trees. It is to be built right against the hedge. An arboritist has advised that this will damage the roots of the hedge and very likely damage the lime trees. If they die or fail to thrive I will then have to get them craned out becasue they may become a hazar, If the hedge dies I will also have to remove it with a likely detrimental effect on the roots of the trees. The position of this cycleway path is necessitated by a new floating island bus stop whose position and its effect on my trees (about which a council report refers to the attractiveness and amenity value for the road) I was not noted or informed about, either in the Public consultation and in the subsequent visits made to my house by the Manager of this new cycleway scheme, when I enquired what the services box installed related to ( the bus stop). All of this is recorded in a highways file. If he had informed me I might have been able to draw all these points to his attention and suggest another location for the bus stop - such as the nearby layby. Furthermore the construction of the path necessitates the moving in of a BT post again into the hedge which will further impact on my trees and hedge.
Am I entitled to claim damages if these events occur. I have commissioned one arboritist report and am awaiting a further one, regarding the imapact.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Thank you for the background, what is it you would like to know about this please?
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Alex,

I have just copied and pasted my last email to Grant the Cycleway Manager. What I want to achieve is :

Ideally they site the bus stop somewhere else

or they have a narrower footway - 1.6 not 2m which would enable protection for my trees and hedge. It is not clear whether the footway planned on the other side of the road is going to be 2 all along, and if that is the case, then it should be possible to do the same next to my hedge.

I want to know if I can tell the County Council transport engineers that the Council will be liable for the costs of replacing/and/or getting rid of my trees and hedge if they die - since they are on my land.

Thank you . I hope the email below is clear I can't see it as reproduced.

Customer: replied 1 year ago.

Alex,

I am not sure how to reply - a discussion might be helpful - how do I ring you?

wendy

Expert:  Ash replied 1 year ago.
Do you have a number?
Customer: replied 1 year ago.

01223 248857

Wendy

Expert:  Ash replied 1 year ago.
I will call shortly!
Alex