Tree root subsidence - Revision history

Designing Buildings at 12:29, 2 February 2021

2021-02-02T12:29:32Z

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	--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]		--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

		+	* Buttress root.
	* Ground heave.		* Ground heave.
	* Property disrepair and landlord liabilities.		* Property disrepair and landlord liabilities.

Designing Buildings at 08:04, 2 December 2020

2020-12-02T08:04:27Z

← Older revision		Revision as of 08:04, 2 December 2020
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	* Tree rights.		* Tree rights.

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:Property_law]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Case_law]] [[Category:Property_law]]

Editor at 12:36, 21 November 2016

2016-11-21T12:36:23Z

← Older revision		Revision as of 12:36, 21 November 2016
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	* Property disrepair and landlord liabilities.		* Property disrepair and landlord liabilities.
	* Subsidence.		* Subsidence.
		+	* Tree dripline.
	* Tree hazard survey.		* Tree hazard survey.
	* Tree preservation order TPO.		* Tree preservation order TPO.
	* Tree rights.		* Tree rights.

−	[[Category:Case_law]] [[Category:Property_law]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Property_law]]

Editor at 10:24, 26 August 2016

2016-08-26T10:24:52Z

← Older revision		Revision as of 10:24, 26 August 2016
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	* Subsidence.		* Subsidence.
	* Tree hazard survey.		* Tree hazard survey.
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	* Tree preservation order TPO.		* Tree preservation order TPO.
	* Tree rights.		* Tree rights.
−	*

	[[Category:Case_law]] [[Category:Property_law]]		[[Category:Case_law]] [[Category:Property_law]]

Editor: Created page with "Subsidence occurs when the soil beneath a building is unstable and sinks downward. This is not the same as ‘settlement’, which is caused by the weight of the building, but it..."

2016-08-26T10:24:31Z

Created page with "Subsidence occurs when the soil beneath a building is unstable and sinks downward. This is not the same as ‘settlement’, which is caused by the weight of the building, but it..."

New page

Subsidence occurs when the soil beneath a building is unstable and sinks downward. This is not the same as ‘settlement’, which is caused by the weight of the building, but it can still have a negative impact in terms of the overall structural stability. The opposite effect of subsidence is ‘heave’, where the site upon which the building is situated moves upwards and/or sideways.

Burge v South Gloucestershire Council:

In a ground-breaking decision of interest to property professionals and homeowners, a couple whose conservatory was catastrophically undermined by the roots of a protected oak tree have won £25,000 in compensation from their local council.

The tree, which was protected by a tree preservation order (TPO), reached a height of up to 11 m and stood just outside the couple’s garden, about 13 m from their home. Expert evidence pointed to it as the cause of severe cracking in the couple’s conservatory but the council had refused to allow it to be felled because of the impact that would have on the area’s visual amenity.

The couple sought compensation under Section 203 of the Town and Country Planning Act 1990 after the conservatory had to be demolished and rebuilt. In resisting the claim, however, the council argued that the conservatory had not been constructed in accordance with building industry standards.

Its foundations were extremely shallow and, had it been more solidly built, it would have been better able to resist the pressure of the tree roots. In the circumstances, it was submitted that an award to the couple could open the floodgates to a barrage of similar claims against local authorities in respect of shoddily built structures affected by tree roots.

In upholding the couple’s claim, however, the Upper Tribunal ruled that the damage to the conservatory was reasonably foreseeable. The couple had been perfectly entitled to put their trust in professional contractors they employed to construct the conservatory. It would not have been damaged had it not been for the council’s refusal to permit felling of the oak.

The council was ordered to pay £25,000 in compensation, plus the legal costs of the case.

--[[User:Rex_Cowell_Solicitors|Rex Cowell Solicitors]]

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Ground heave.
* Property disrepair and landlord liabilities.
* Subsidence.
* Tree hazard survey.
*
* Tree preservation order TPO.
* Tree rights.
*

[[Category:Case_law]] [[Category:Property_law]]