One of the neighbours had previously applied to remove a tree covered by the same TPO that they thought dangerous but were refused permission. That tree came down in a storm a couple of years later and damaged their house.
I assume the council would have been liable for the damage due to their refusal?
Did a bit of research and it seems that the council would be liable for compensation for damages arising from refused consent to a fell a TPO tree.
"Lessons: If a council refuses consent for work to a TPO tree then you may be entitled to compensation for any losses or damages reasonably foreseeable at the time consent was refused."
I assume the council would have been liable for the damage due to their refusal?
No, it is an example of power without responsibility. All risks are carried by the property owner and it is almost impossible to get a TPO removed. It is worth checking the exact wording of the TPO to ascertain exactly which trees are protected.
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"Lessons: If a council refuses consent for work to a TPO tree then you may be entitled to compensation for any losses or damages reasonably foreseeable at the time consent was refused."
https://www.buckles-law.co.uk/library-news/compensation-for-damages-arising-from-refused-consent/
No, it is an example of power without responsibility. All risks are carried by the property owner and it is almost impossible to get a TPO removed. It is worth checking the exact wording of the TPO to ascertain exactly which trees are protected.