We acted for a planning authority who had received an application for the removal of an Oak tree, protected by a tree preservation order. The applicant had evidence that the Oak tree was causing subsidence damage to their property and wanted the Oak tree to be removed to stop ongoing subsidence movement and damage.
The planning authority were extremely reluctant to grant consent for the Oak tree removal given the high amenity value of the tree. This was despite an acknowledgement by them that the evidence confirmed that the Oak tree was likely to be the primary cause of the subsidence damage to the applicant’s property. The planning authority were concerned that, if they issued a Notice of Refusal in response to the application, they would face a claim for compensation pursuant to section 202E of the Town and Country Planning Act.
On wider discussion with all parties it became apparent that no one wanted the tree removed. The focus was on stopping the impact the tree was having on the property.
We facilitated a round table settlement discussion between all those involved and discussed options to bring the situation to conclusion. Following the discussion it was agreed that a tree root barrier would be installed instead of tree removal, with an agreed contribution being made by the planning authority towards that work.
This meant, at a fraction of the cost of what our client might have faced in a legal claim they were able to safeguard themselves against a future legal claim, keep the protected Oak tree and allow for the stabilisation and repair of the property of a valued member of their community.
A great example of alternative dispute resolution working in a claim involving a TPO.