Cunningham Lindsey and arboricultural consultants OCA have won a significant Tree Preservation Order Appeal that they say signifies progress with local authorities towards a more workable approach to tree management.
The companies gained permission to fell a protected tree in Essex that was causing major tree root nuisance.
The case involved subsidence damage to a property in Loughton caused by root nuisance from a neighbouring oak tree.
It was suggested that the tree should be felled to abate the ongoing problem, but the local authority prepared a Tree Preservation Order to prevent its demise. The local authority then called for the appeal to be considered via a full public enquiry.
The Secretary of State for Transport, Local Government and the Regions, did not support the local authority's view that it is reasonable to expect property owners to tolerate damage caused by trees.
Nor did he accept that an expensive remedial underpinning scheme, estimated at £65,000, plus the cost of temporary accommodation for the policyholder, was justified.
Even though it was agreed that the tree was worthy of a Preservation Order, he ruled that felling was the most appropriate action.
