Trees protected by a tree preservation order and implicated in subsidence damage can lead to claims for compensation.
Such claims are made against the planning authority managing the tree protection. If an application is made for permission to fell a protected tree as it is causing damage, and the planning authority issue a ‘notice of refusal’ then a claim for compensation can then arise to recover money from the planning authority. That compensation is to financially compensate for the cost of the works which have to be carried out to the damaged property in light of the refusal.
Claims for compensation are brought before the Lands Tribunal. As with the negligence/nuisance claims before the civil courts, the Tribunal follows past judicial decisions.
There are not a huge number of reported claims before the Lands Tribunal in these compensation claims. Attached is an archive of past Tribunal decisions.
If you need help with any issue regarding a TPO protected tree which is implicated in subsidence damage then check out our Protected Trees page Protected Trees | Tree Law – Legal tree expert.
Claims before the Lands Tribunal do not include an automatic entitlement to recover legal costs. As such we can offer fixed fees to give transparency and clarity on costs.
TPO Compensation Claims – past decisions
