Property Developers removes my trees

3llie

Hi,

My local council gave permission for property Developers to build flats 3 stories in front of my home.

Although I wasn’t overly happy, I had no choice in the matter and it went ahead. In the paperwork submitted by the developers/council it stated that trees along my fence line were to remain and new ones planted if required to maintain my privacy. Due to the drop from the edge of my property my fence is about a cars width away from the edge and on the other side of my fence were my trees (I have the title deeds of both properties which clearly show they were on my land). The developer has removed these without my consent and now I have 7 windows looking into my garden and home. My home is completely glass fronted and my privacy has been completely eliminated.

Can I sue the developer and make them plant more trees?

I assume they removed them for health and safety, however they were my trees on my land and no-one bothered to even speak to me about it.

3llie

Also the councils assessment stated small trees provided some privacy, however I have photos which show they were not small and they gave me a lot of privacy.

Doozergirl

Councils don't usually treat the trees as being permanent when they make their decisions. They're well aware that people remove them and so they judge planning decisions based on standard measurements laid out in their Supplementary Planning Guidance, or similar document. It sets out minimum distances between properties of differing heights.

I sympathise. A developer has put in an application next door to us and removed two of the most beautiful copper beeches that were there on the date of their own tree survey, but mysteriously don't appear on said survey and were physically removed 10 days after it.

If there is a landscaping scheme that forms part of the decision and is documented on their decision notice, then you can insist on the replanting, but you can't sue your neighbour. It's up to the local authority to enforce any breach. Tell them, by all means.

If the LA mis-measured and there is a contravention of planning legislation, you can complain to the Local Government Ombudsmen, but you won't get anything from it other than perhaps an apology. They don't offer any type of compensation that is worth even the time taken to complain.

3llie

Thanks for your reply, but am I crazy here to think that someone can just cut trees down that belong to other people?

You’re not allowed to cut your neighbours tree or hedge back beyond the boundary, regardless of how out of control it might be and even then you have to offer them the cut offs as legally they belong to them, but a property developer can come onto my land and remove entire trees so they can stick up a load of flats that now have windows and balconies peering into all my rooms and over my whole garden.... not to mention the hit I’m going to get on the value of my home, I can’t see anyone wanting to touch it with a barge pole now!

It’s insane 😡😡😡

fwor

I think the last reply must have missed the point that they were your trees, growing on your land.

I would expect under those circumstances that you could take legal action for recompense and/or remedial work.

It might be worth sending a "letter before action" to the developer, pointing out the facts (i.e. that they have removed trees that were your property), and asking what they propose to do. This ~might~ lead to an offer from them without the need to go to court, though quite what they could do in practical terms I'm not sure.

Davesnave

We had a case before Christmas where a church removed someone's trees in error.

The consensus here then was that the poster could require the church to replace the trees, probably with larger than average landscaping specimens, which might cost a considerable amount. Unfortunately, I haven't seen that thread updated yet.

If they were your trees on your land, it would seem that legal recourse is open to you. In the first instance, I would take advice from someone like the council's Tree Officer, who might have prior experience of such matters.

pinkteapot

Info may be out of date as a few years old, but:

https://www.telegraph.co.uk/finance/personalfinance/11941407/My-neighbour-cut-down-my-tree.-Can-I-sue-for-damages.html

and

https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=1015

kazwookie

Go and see the developer, then follow up in writting with before and after photos.

I would also copy in the planning officer at the council.

Norman_Castle

In the paperwork submitted by the developers/council it stated that trees along my fence line were to remain and new ones planted if required to maintain my privacy.

If the planning permission stated the above contact both the developers and the planning department. If the development required these trees being removed they would need your agreement to remove them. Its likely having your fence inside your boundary made it appear the trees were on their land.
I would also suggest making it clear on the ground where your boundary is and permanently marking it to avoid further trespass and potential ownership disputes.

Wanderingpomm

They have effectively stolen your property. You are within rights to insist they put them back

macman

Yes, if they were on your land then of course you can sue them. Have you actually spoken to the developer though and informed them of the situation?
You cannot sue them for any loss of amenity or value caused by the development itself though, since they had PP, so do not drag that issue into it.