Reply With QuoteYou can but try but I wouldn't hold my breath. It wouldn't hurt if you were armed with an arboriculturalists report.
Hi all
I'm after a bit of advice regarding a tree in my garden which had died and had to be chopped down.
I live on a new build housing estate built on the grounds of an old hospital. Ours is probably the only house on the estate with a mature tree (in this case oak) in the garden. It was a condition of planning consent that the tree was retained.
The house builder laid a permeable membrane around the tree and covered with wood chip. We had a tree surgeon round and the membrane has caused significant soil compaction and effectively killed the tree. With Council consent we have had to chop it down for safety reasons.
Now this cost a few quid, how likely am I to get anywhere billing the house builder for this, as the tree dying is a direct consequence of them laying an unsuitable membrane around the tree.
I suspect I'm peeing in the wind but any advice gratefully received.
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You can but try but I wouldn't hold my breath. It wouldn't hurt if you were armed with an arboriculturalists report.
I suspect you are right and you stand little or no chance to recoup the cost as proving causality will be impossible.
The Council tree preservation officer was somewhat annoyed at this, having had several conversations with the house builder at the development state about the importance of retaining the tree. He would be able (and willing) to give a report/his opinion on the effect of this membrane. I'll give it a go.Originally Posted by village
The upside is we're getting a stove fitted and now have several years log supply!
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That's not such a bad result then...
If the tree had a TPO then the council may wish to sue the developer which would certainly be in your favour.
Don't waste any time or money pursuing the developer. It won't end as you wish.
No, and my wife it cheesed off with the bike shed as her bike doesn't fit into it, so a new larger shed is on the way and with a few strategically placed holes and removing the doors the bike shed will be a wood store.
Every cloud.....
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No specific TPO, just a planning condition they couldn't chop it down. The council officer was not happy with the outcome, but not much he can do now all the houses are built (no leverage).
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As mentioned already I think you stand no chance in hell, I would have approached them right from the start before works even commenced just to put them on notice. Nothing ventured nothing gained so write to them.
Last edited by bomberman; 6th October 2016 at 11:41.
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