[2025] UKUT 053 (LC)

This is a claim for compensation under regulation 24 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012 (“the Regulations”) for losses alleged to have been attributable to the refusal of consent to fell a protected tree. The claimant was the insurer of 98 Old Park Ridings, London N21 2EP (“the property”) when cracking was first noticed to the property in January 2014. The local planning authority, responsible for compensation under the Regulations, is Enfield London Borough Council (“the authority”).

The claim is for the cost of underpinning works carried out in late 2018 and early 2019 to the rear extension of the property and its garage, following the authority’s third refusal of consent to fell an oak tree, dated 2 February 2018. The claimant’s assessment of the cost of relevant works, including VAT and professional fees, was £143,480.75. The authority’s assessment was £99,212.98, without prejudice to their position that the cause of damage had not been established and also that the remedial works carried out were not appropriate.

The claimant was represented by Mr Robin Green, who called Mr Daniel Kennedy, to give evidence of fact for the claimant, Dr Martin Dobson BSc(Hons), D Phil, FArborA, MEWI to give expert arboriculture evidence and Mr Stuart Allen BSc, CEng, FIStructE, MICE to give expert engineering evidence.

The authority was represented by Mr James Neill, who called Mr Simon Pryce BSc, FArborA, RCArborA, CBiol, FICFor to give expert arboriculture evidence and Mr Tim Freeman MA(Cantab) to give expert engineering evidence. Written evidence of fact was provided by Ms Sharon Davidson, Planning Decisions Manager for the authority, who was not called for cross-examination.

It was agreed by the parties that I would not make a site inspection since the property had been sold after being repaired and the factors affecting the claim were well evidenced by photographs and reports from the period before repair.