Property Developers removes my trees

PasturesNew

It's likely the site manager or landscapers just assumed.

Put it in writing to the developers... "I want my big trees replacing; you stole them you did .... my land, my trees.... I'm sure you'll wish to resolve this ASAP... yours ... Neighbour".

Enclose copies of the deeds showing they were your trees.

Developer probably has "no clue" and it'll be sorted.

D_M_E

The problem seems to stem from the fact that the trees were outside your fence - the fence could not have been on the boundary if the trees were on the other side of the fence and that is probably why the developer attacked them.

Davesnave

D_M_E wrote: »

The problem seems to stem from the fact that the trees were outside your fence - the fence could not have been on the boundary if the trees were on the other side of the fence and that is probably why the developer attacked them.

There is no requirement to have a fence on one's boundary.

Even on quite modern estates we've seen examples here where the builders have constructed a wall short of the property boundary, leading to people making the wrong assumptions.

However, it's the people making the assumptions who have been in the wrong.

sew_what

Have you contacted the developers and challenged them about why they trespassed on your land and removed your trees?
Remind them what the planning consent said and tell them they need to replace with equivalent size trees.
Did you take out legal cover with your home insurance? This may be your saviour here....

AlexMac

Sew What's advice (#15 above) is good; except I'd get even more "challenging" in my first letter.

And prior to that, check if retention of the trees was specifically referred to in either
a) the developers' planning application, or associated and subsequent secondary applications on the deatil of the proposals? (in our Council's area there is a requirement for a trees survey as part of any significant developemnt applications; describing existing trees and justifying any planned removals)

b) whether trees were mentioned in the Planning Officer's report and recommendations. Even if the application was approved under "delegated powers" by Planning Officers rather than having to go to a Planning "Committee" of Elected Councillors, there will have been a report.

c) Any tree-related "conditions " attached to the original "Decision" to approve the development.

All these will be available on your Council's Planning department website. Usually you can search this by address to call up the original and any subsequent applications about the development.

If all else fails or you're not good at web searches, go into the Planning Department and ask to see their file copies . If you find that the developer has broken any conditions or ignored their own promises in the applications or trees survey, ask the Council's Planning Enforcement Officer if they will take it up; but don't rely on them; they may have bigger problems of enforcement to worry about!

Then, as post 15 says write (not email, although you can follow up with an email) to the developer, setting out the outcome you expect given that that they have trespassed on "your" property and cut (how many of ) "your" trees down- with supporting detail of ownership, without your permission as landowner/ possibly without Planning permission, and in defiance of Council Planners wishes that they remain to prevent overlooking (or any other arguments they can muster.

Demand a response and make it plain that unless they do what you require (plant another row of mature trees? or what?) you will take further action. This could include a "letter before action"(as above), and ultimately, small claims or court action, at which stage you may need legal advice.

Be courteous (after all, maybe their builder made an innocent mistake; although I doubt it) but be persistent. They will hope that you will run out of steam or go away if they bluff or ignore you. If the oily rags in the Developers' office fob you off get their CEO's personal contact and email address from https://www.!!!!!!!!!!!!! and let them lean on their local satff

It's not your problem that the solution won't come cheap- my neighbour had to plan a couple of 12-15 foot trees as a condition of approval on a new house, as he had had to seek permission to fell two bigger ones as part of his planning application, and they cost about 150 -200 quid each. Don't settle for Leylandii!

Good luck