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Tree Felling - Who is responsible
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  Tree Felling - Who is responsible
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Bob Wilkins
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« on: January 22, 2018, 04:55:44 PM »

I have just been informed that the planning application from Mrs Brooks for the felling of trees alongside Water Lane has been rejected by Cherwell District Council. The rejection was on the basis of  objections by the Parish Council.

The main tree in question is a large Horse Chestnut that is leaning across Water Lane and the roots are in the bank alongside the stone wall. The tree can only fall in one direction which is across the road and onto my property where it will hit our house. The property next door (Mr and Mrs Dales) had the same problems and dangers (trees have knocked the stone wall down on two occasions) but  received permission and subsequently had a number of trees removed.

If the tree does fall across the road and cause injury or damage where does the responsibility lie, Cherwell District Council or the Parish Council for objecting to the application.
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John Coley
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« Reply #1 on: January 24, 2018, 04:12:48 PM »

Hi Bob

I have to make two things clear before I start:
a)  I have no connection with the current Parish Council;
b)  This is NOT a legal opinion - but my personal view.

The owner of a tree is responsible for it's upkeep and safety.  If CDC were made aware of the alleged dangerous state, and knowing that, they refused an order to lop or cut it down, then they must bear some responsibility if it causes Third Party damage.

I would imagine that if the tree, or a substantial part of it, does damage the property of a third party, their redress would be to the owner in the first instance.  If I were the owner and Cherwell DC , who are the Local Planning Authority (LPA), (not the PC who are treated almost on a par with other objectors by the LPA) had, knowing all the facts, refused to allow me, the owner,  to deal with a safety issue, then I as owner would seek to pass the responsibility for the damage on to the LPA and press for redress from them for their failure.

John Coley
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