Harringay, Haringey - So Good they Spelt it Twice!
Any knowledge/experience of tackling a reluctant council about a light blocking tree?
I've always had good results from this forum so thought I'd put this out there.
A friend in South London (sent me pics, illustrating the height of the tree, the cracking pavement around it etc) made a legitimate complaint to his council about the enormous tree outside his house which cuts out light from his and neighbours' properties.
I thought the council's response was unacceptably lazy and unaccountable, just saying they would look at it as part of their routine inspections and saying 'right to light' wasn't in the law!!
IF this is the case why is it that councils accept light restriction as a reason to reject house extension plans? It's happened next door to me. My friend said he and his neighbours were in their 80s and had to keep putting lights on because of this situation, an issue with the cost of living. I suspect this council has dismissed this as just a lot of old duffers complaining.
I'd be interested to have your views and insights.
Replies to This Discussion
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Permalink Reply by Hugh on
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What gives councils the willies is insurance companies making claims on their wallet about subsidence caused by a tree. It sounds like there's reason to have cause for concern about your frinds tree. Is he the freeholder. If not, can he approach the person who is.
Failing that, it may be worth a few neighbours getting together and complaining about the dangers caused by the cracking to the pavement. The council has a legal responsibility under The Highways Act 1980, to maintain pavements in a safe condition for pedestrians.
What's the council and can you share the photos? Are there any that show the damage to the pavement?
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Permalink Reply by Roslyn Byfield on
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Thanks - yes, he's the owner of the house and will try to put photos up. It's Merton Council.
Your comment about insurance companies reminds me that they advised him to contact his insurance company when it's they, the Council, who should be taking responsibility!
You can see from these the very size of this tree and the cracked pavement around it. And why should residents have to use electricity to get the light they're denied because of the size of this tree and the Council's casual attitude?
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My goodness, how awful for your poor friend, That's severe blocking of light along with evident root damage affecting your friend's property.
It appears from the markings on the pavement, that the Council is already looking at the damage caused by the tree roots. This may be with a view to simply repairing the pavement, or the Council may also be planning to take preventative measures to stop any further damage. However, from what you’ve said about the Council, it may well be the former rather than the latter.
You can see that your friend’s wall is damaged and I shouldn't wonder if the damage doesn’t reach the house too.
The tree looks to me to be a lime tree. Here's what one readily available webpage says about lime tree root damage:
Common Lime (Tilia x europaea) – This tree can grow to a large size and has a strong, spreading root system that can cause damage to foundations, drainage systems and walls.
With regard to the advice your friend was given about contacting his insurance company, that might have been a staff member offering helpful advice, knowing that this is the only way to get the council to act. There are a lot of tree root claims in Haringey. Their web page on the issue might be worth a read.
Merton Council have a page on tree compensation claims in which they say they will only deal with a solicitor or insurance company. Southwark's page is more helpful.
I wouldn't be waiting for the Council to do the right thing. It's time for your friend to go into defence mode. So, what I'd do is:
1. Try my local Citizens Advice Bureau and see if I can get any help there.
2. Without delay, get my insurance company in to bat for me. There may be damage to the house and you want their specialists inspecting the situation and establishing Council liability asap. This looks like a case of complete dereliction of duty by the Council.
I should caveat all I've said with an explanation that I speak as a lay person, not a lawyer. Taking professional legal advice is always best. The CAB may be able to help.
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Wow - thanks so much, Hugh. You've just proved again the wisdom of using this forum!!
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And this is why street trees should be pollarded (a perfectly standard form of safe tree management) and yet every year people complain at length on social media about pollarding (not usually on this forum mind).
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I had good results with Haringey by sending several photos showing the tree was bigger than the surrounding buildings, and pointing out that if the tree were to fall over it would do severe damage to the buildings. Tree was dealt with in surprisingly short order.
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Permalink Reply by Atom Gallery on
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Advise them to contact their councillor, this approach can work very well, your friends will have several so best to contact them all.
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Yes, not sure he's done that yet....
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