>
> I don't think that would be correct.
>
> As a matter of law, the owner of a tree which has a TPO can fell it or
> reduce it if it is causing danger to people or to property. However, the
> fact that it merely causes litter or facilitates bird excrement wouldn't
> be a good reason to fell it.
>
> I don't think there is any decided case where a council has been held
> liable for an accident on the basis of a decision to refuse permission
> to reduce or fell a TPO tree.
>
>>
>> In my experience even when you pay for parking car park operators
>> consider that you buy a license to park.
>>
>> If the car is taken from you for paid parking then the car parking
>> company is probably a baillee for reward and would have to justify why
>> they should not be liable for any damage.
>>
>> I repeat IANAL and I could be out of date.
>
> My other post to this thread suggests that a claim could be made.
>
I concur that there would be no harm in the OP putting in a claim and
seeing whether the defendant has an adequate system of check.
Was a matter of interest we have an old ash tree about 60 feet high in
poorish condition in our garden. It is the subject of a TPO. We became
worried when a branch about 12 feet long in full leaf dropped on to and
substantially damaged our sun lounger. This was within a few days of the
incident in Norfolk involving school students.
We invited the council tree officer round and she said the tree was not in
good condition and she would be happy to accept an application to fell and
replace. A well connected neighbour got about 50 people to object and the
application was refused. We got an experts report giving the opinion that
the tree had a life expectancy of less than 20 years and made another
application. This was refused by the council and the secretary of state on
appeal. We then made a third application, this time to crown reduce by 30
percent. There was some opposition but this was allowed. At least the most
apparently dangerous boughs across a busy bridleway behind our garden have
now been lightened.
I have a file about 6 inches thick and am hoping the tree expert I
employed was wrong although no expert evidence was obtained to give an
alternate opinion.