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Category: Property Law
Satisfied Customers: 33654
Experience:  Barrister at Self Employed Barrister
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There are some trees outside the boundary of my property (on

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There are some trees outside the boundary of my property (on council land) that have damaged my property and I am concerned may cause further damage. What are my chances of persuading the council to remove them? The trees are subject to a TPO.
Customer: replied 4 months ago.
The photos are of a branch that came off one of the trees. It caught the phone line and damaged part of our roof (where the phone line was attached to the house).

Let me see if I can help. There is a considerable reluctance by LAs to remove trees where they have a TPO. That said in accordance with the Town and Country Planning (Trees)(Amendment)(England) Regulations 2008 anyone wishing to undertake works to protected trees due to suspected tree-related subsidence damage (to buildings, walls, conservatories, driveways, drains etc.) must submit a Standard Application Form with relevant technical evidence and they should either make good any necessary damage or potentially remove the tree or parts of it. You should contact your Local Council's Arboricultural Officer for more information

Customer: replied 4 months ago.
I am aware of that. What I am asking is whether there is any basis in law or precedent that would enable me to oblige the council to remove the tree on the basis of actual or potential future damage? (given that it is on their land)

The principle would be that it is causing damage and there is nothing that they can do to stop the damage unless the tree is removed. They would want under such circumstances to replace the tree with a new tree as near as possible. So specifically trees are sometimes removed. It is not a case of there being caselaw on the matter (these things do not go to court where decisions are recorded) but I am aware that it happens from experience.

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