Background to this case On 12 March 2013, a branch fell off a Scots Pine tree in the park home owner’s garden. While this was being investigated, another branch fell off and broke the gutter of the park home owner’s home.
The tree was covered by a Tree Preservation Order (TPO). A TPO is an order made by a local authority to protect trees which bring amenity to a particular area. One must contact the local planning office before anything is done to a tree with a TPO. It is a criminal offence to carry out work to protected trees (such as cutting or lopping) without consent from the local authority.
In this case, the local authority granted permission for the tree to be cut down and dispensed with the TPO. Therefore the issue for the Tribunal to determine was who was responsible for the costs of the removal. This is often a contentious issue between site owners and park home owners.
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If you have any questions in relation to this article please do not hesitate to contact the Park Homes Advice team at LEASE on 020 7832 2525, email: firstname.lastname@example.org.
If you need any further information on trees in a park home context, please contact LEASE’s telephone advice line on 020 7832 2525. Alternatively, please call Nicholas Dyson or Aimee Hutchinson, of the Holiday and Home Parks Team at Blacks Solicitors LLP, on 0113 279 344 or NDyson@LawBlacks.com
To read more about this issue read the March 2015 issue of Park Homes and Holiday Caravan
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