Trees can cause subsidence when their roots are in shrinkable clay. This is often caused by: Soil, usually clay, shrinking and swelling because of the weather. The insurance covered redecorating, but no further action was deemed required. Consent is still required for diseased or dying trees. Change ), You are commenting using your Google account. So question, if I went … The property owner argued before the Court of Appeal that the judge had been wrong to find that the damage allegedly caused by the tree roots was not reasonably foreseeable. Specifically, this is because of the precedent set by the case Perrin & Anor v Northampton Borough Council & Ors [2007] EWCA Civ 1353 (19 December 2007). Please provide copies of any guidance or advice provided to council arboriculture officers about how to handle subsidence claims alleged to be caused by council-owned trees. Bigger trees that cause subsidence specifically take liquid from the soil, causing the soil, and thus the ground beneath the house, to shrink. Subsidence damage as caused by a tree subject to a Tree Preservation Order is an issue that demands cross-profession liaison; specifically, between at least the arboriculturist, planning officer / manager, and insurance officer / manager for the Local Planning Authority (i.e. Legally and logistically, the original judge’s conclusion is thus flawed, for this reason plus others noted in the judgement. The Court dismissed the appeal, however, ruling that the evidence ‘came nowhere close’ to establishing that the respondents should be held liable for the subsidence damage. Roots may enter and block drains. This process can be exacerbated by the action of tress, as they take in moisture through their roots to replace the moisture that evaporates through their foliage, with most moisture being extracted during the spring and summer months when growth rates are at their highest. Subsidence Damage Caused By Trees. The Court of Appeal in Berent restated the cardinals of foreseeability; it did not, however, reset them.To establish liability, the successful claimant had to show not only that a real risk of subsidence damage caused … Your insurance company will look into your concerns. Owners of other properties in the road had submitted claims to D regarding subsidence damage allegedly caused by D’s trees from 1996/97. This is generally only a problem on shrinkable clay soils. In this eventuality, it is pertinent for the LPA at least to consider the theoretical value of the tree(s) by assessing them in line with a valuation system such as Capital Asset Valuation of Amenity Trees (CAVAT), which can help equate the value of the trees against the cost of underpinning (including the associated activities to facilitate the underpinning). Buildings up to four storeys constructed before the 1950s are most at risk, as they frequently have comparatively shallow foundations; Drain damage. They will send a surveyor to conduct an inspection and various investigations will be carried out. They may want to investigate the damage as part of a claim. The water content of shrinkable soils increases and decreases in relation to the natural seasonal changes. Trees - subsidence and direct damage Indirect damage to buildings. As a very straightforward summary, the appeal case of Perrin & Anor v Northampton Borough Council & Ors [2007] EWCA Civ 1353 (19 December 2007) therein determined that where a tree subject to a TPO is implicated in a subsidence damage claim – and permission for removal is sought from the LPA – it cannot be assumed that removal will be consented. These trees could be council owned or on neighbouring private land. If you find my blog interesting then please do subscribe (via email) to receive updates. Clearly, in some cases, nothing needs to be done to the tree. Please note that the information I am sharing on my blog is for the use of all those who read it. Trees near your home don't have to crash through your roof to cause damage. The process can take many years but the damagecaused by heave is, in most cases, much more severe than that caused by subsidence. Subsidence damage to your property caused by trees or shrubs. Indeed, “in that context it is to be borne in mind that the expectation that a refusal of consent [by the LPA and even afterwards by the tree owner] will give rise to a claim for compensation [by the homeowner with a damaged house] has been a feature of the legislation since tree preservation orders were first introduced” – or, in short, if the LPA refuse the application for the removal of the TPO’d tree then the affected party / parties can claim against the LPA for the costs incurred for employing an engineering solution such as underpinning (or the homeowner, if they then refuse to remove the tree in spite of consent by the LPA). Trees are a key environmental asset – they provide significant social and climate adaptation benefits. For claims relating to damage to sewer and stormwater pipes alleged to have been caused by Council trees, below is a guide as to the documentary evidence required. Apparently caused by the tree planted in the pavement just a couple of metres away. Can trees cause subsidence? The claimants applied for permission from the Local Planning Authority (LPA) to remove the oak tree, which was refused on the grounds that it was “not necessary to fell the tree, not because felling would not abate the nuisance (it obviously would), but because other engineering works, such as the underpinning of the claimants’ house, could be carried out instead, thereby curing the problem and preserving the tree” – in more detail, the LPA stated that “the tree proposed for removal is a tall, broad-spreading and healthy specimen [that] stands in the garden of a house overlooking the open valley that defines the western edge of the old core of the village of Great Billing [and] forms a handsome and prominent feature in views along and over the valley, part of which is a public park, and is also an amenity to the village and its conservation area (within which the [tree stands]), particularly in views from the direction of the Parish Church of St Andrew [so] consequently the removal of the tree would have a significantly detrimental impact on the amenity of a wide area and its enjoyment by the public“. Our house lost … ( Log Out / ( Log Out / Any large tree with vigorous growth has the potential to cause subsidence damage if it is close enough to a house. The council owned and/or was responsible for three trees of varying heights located at the right hand side of the property along a cycle/ footpath. They’re an integral feature of the local urban landscape and ecology. 1. If you wish to contact me, you can do so via commenting on any of my posts and I will respond to you. While the tree is growing the surrounding soil is died out butr when the tree is removed the moisture content builds up, causing the ground to swell. The Court of Appeal has upheld the decision of the trial court in relation to a claim for subsidence damage to a residential building caused by tree roots. The economics and logistics of any given situation are key and the role of the arboriculturist is not to operate as a lone professional but to engage and be willing to compromise where there is an evident requirement for this. Naturally, insurers who have settled the claim of an insured householder will investigate whether a recovery can be made from any neighbouring landowner. Building subsidence issues involving trees in parks and open spaces should be reported to us – see below. Out of that figure, approximately 60 - 70% is considered to relate to subsidence caused by trees. Building subsidence issues involving trees on private land should be discussed with the owner or occupier of the land. 5.19 Claims of subsidence caused by trees ... Any works to Council owned trees or parts of trees on Council land (not private land) require prior written consent from the Council as detailed in Section 5. Your local tree nursery may also be able to help. Most of the damage had been done by the spring of 2004. Tree roots absorb water for photosynthesis and moisture evaporates from the leaves through transpiration. 3. New subsidence claims involving city council-owned trees will be handled in accordance with our Tree Strategy (specifically policies GM9, GM10 and GM11) and will require the following information as a minimum: If you are thinking of planting a tree in your garden and are concerned about it causing subsidence, a qualified arborist can provide advice on species selection and suitable planting distances from your property. Sometimes it’s a bit tricky, in my recent experience, because putting a value on the cost of underpinning is much easier than on a tree, given the underpinning actually costs money and the tree doesn’t really yield a direct return. Critically, the judges concluded that the TCC judge was incorrect in his conclusion, because the judge had failed to appreciate that it was indeed appropriate to consider engineering solutions in the extent as to what is necessary in abating and preventing further nuisance when applying the exemptions of Section 198(6)(b). Mrs Kane was liable for the damage caused by the Cypress hedge, but not by the oak tree, largely due to its size and proximity to the Khans' … Islington was responsible for maintaining two trees in the front of the Claimant’s property. Very importantly, the judges also determined that “it is pertinent to have in mind that nothing in section 198(6)(b) of the 1990 Act authorises B to go onto A’s land for the purpose of preventing or abating a nuisance“, which means that even if the claimants had opted to apply the exemption of the Section they would be trespassing if they did indeed proceed to fell the oak tree not within their land. Not proper, redo the foundations, massive hassle subsidence. Heave is normally caused by the removal of trees or large shrubs. Within that property stood a tree which was subject to a Tree Preservation Order imposed by Islington Borough Council. If you do find that a tree is causing you nuisance, a discussion with the tree owner may resolve the problem. In many cases buildings and trees have happily co-existed for many years without any damage being caused. Northampton Borough Council disagreed and took this to the Court of Appeal. Structural damage caused by subsidence. The first step to take if you suspect subsidence or movement due to tree roots is a call to your buildings insurer. Copy of Services Plan – Sewer Main – of the property address, sourced from Sydney Water via dial before you dig or phone 1100 (free service). In cases where the tree(s) in question is a low-value tree and / or there is no degree of statutory protection afforded to the tree, the landowner may very well consider it appropriate to remove the tree or otherwise prune the tree to address water uptake (see the Hortlink study and additional Building Research Establishment publications, for more information). Tree root subsidence cases concern structural damage to buildings caused by desiccation of the sub-soil by the unchecked growth of roots from a neighbour’s tree or hedge. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Local Council), in addition to the tree owner and their insurer – plus the homeowner with a damaged house and their home insurer – where the tree is a third-party tree). Soil shrinkage and water damage may make up 90% of all subsidence cases, but that doesn’t mean it can’t be something else. Trees and Vegetation The main cause of subsidence movement in the UK is the influence of tree roots in clay soil. To avoid the risk of damage, tree roots and shrubs shouldn't be planted too close to your property. The encroachment of branches or blocking light into your home may affect your enjoyment of your property. Insurance companies alwayways blame the nearby tree. It was the claim of Berent that the trees of both Defendants caused subsidence damage to the property. Damage caused by tree roots. This can crack external and internal property walls. Returning to the case, the situation involved a privately-owned oak tree subject to a TPO that had been determined to be causing subsidence damage to an adjacent property. In a situation where the tree(s) implicated in cases of subsidence where the evidential tests have been satisfied ([1)] has actual damage occurred that is consistent with subsidence damage? As a precursor before continuing, it is important to recognise that the case being discussed below must never be considered in isolation – therein, nor should the decision be made in blunt isolation. The shrinking and swelling of the soil can cause movement and damage to buildings, known as subsidence. The judge determined that this conclusion was a “workable solution to the problem posed [and] also fair” (because it “would be unworkable if a member of the public had to weigh up all the factors listed [in paragraph [51] of his judgment] before coming to a clear view as to whether or not works to the tree were necessary“). The judges at the Court of Appeal went to some length to pull apart the meaning of Section 198(6)(b) and the TCC judge’s interpretation – particularly, whether the removal of the oak tree was necessary, in context to this Section (“this appeal turns on whether the judge was correct in his conclusion that the word ‘necessary’, in the context of section 198(6)(b) of the 1990 Act“). Since Berent, it has been clear that there are no special principles of law applicable to claims for subsidence damage caused by tree roots: those subsidence claims are subject to the general law of negligence and nuisance. The Judge in this case agreed with the Defendant that the general risk of tree root subsidence is not sufficient to make all damage reasonably foreseeable, otherwise every claim due to subsidence would succeed. Management of trees is essential to ensure you don’t make the problems even worse. Of course, if you do find anything of benefit to your studies, then refer back to original sources I have cited or – if the source is me – then cite this blog. The claimants argued that the then current TPO protection did not apply to the oak tree, because Section 198(6)(b) of the Town and Country Planning Act 1990 did not apply (as abating the nuisance of subsidence was a legal exemption to the TPO). Include a plan showing the vegetation and affected building, Measurement of the extent and distribution of vertical movement using level monitoring Where level monitoring is not possible, state why and provide crack-monitoring data, A profile of a trial/bore hole dug to identify foundation type and depth and soil characteristics, The sub-soil characteristics including soil type -liquid limit, plastic limit and plasticity index, The location and identification of roots found, Proposals and estimated costs of options to repair the damage. As a means of context-proofing their determination, the judges appended their main determination with the statement as follows: “if prevention or abatement of a nuisance could be achieved either by operations to the tree itself or by works other than operations to the tree itself and the landowner has the resources to fund the former but not the latter, it may well be that the operations to the tree itself are necessary because the other works cannot, and will not in practice, be done” – simply, if a landowner cannot afford to subsidise the underpinning works to the affected’s property, it may be most economical to remove the tree and this is indeed acceptable. ( Log Out / The trees in question were the responsibility of a housing association, Family Mosaic Housing ("Mosaic"), and of Islington London Borough Council respectively. In addition, “in practice, it will be for the [tree owner] rather than the [homeowner with a damaged property] to decide whether to cut down the protected tree; or to pay damages in respect of the costs of remedial or preventative works” – or by extension the LPA insofar as they refuse to consent the removal of the implicated TPO’d tree. Where damage to public spaces including footpaths and driveways is suspected to have been caused by roots from street trees, residents are advised to contact Council’s Customer Service Centre on 9083 8000 for inspection by a Council officer. Subsidence damage as caused by a tree subject to a Tree Preservation Order is an issue that demands cross-profession liaison; specifically, between at least the arboriculturist, planning officer / manager, and insurance officer / manager for the Local Planning Authority (i.e. So yes they do yield a direct return. Received: 18 August 2020. While it is a sapling it won't cause a problem, but some trees can grow very quickly. It is ground or foundation movement that normally results in the cracking of external and/or internal property walls. The summarised original ruling – known as Perrin & Anor v Northampton Borough Council & Ors [2006] EWHC 2331 (TCC) (26 September 2006) – by the Technology and Construction Court (TCC) was that “the possibility that other engineering works could be carried out is irrelevant” (with the caveat that only “in the vast majority of cases, the fact that alternative engineering schemes are available would indeed be irrelevant“), because “the TPO will not apply to whatever cutting down, uprooting, topping or lopping of the tree is necessary to abate or prevent that nuisance” that was in this case subsidence damage caused by the oak tree. Then please do subscribe subsidence caused by council trees via email ) to receive updates – they provide significant social climate. 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