Duncan & Anor v Epping Forest District Council [2004] EWLands LCA_62_2003 (20 September 2004)

Duncan & Anor v Epping Forest District Council [2004] EWLands LCA_62_2003 (20 September 2004)

The proper measure of compensation is the diminution in market value of the property caused by the refusal to fell the trees, less the cost of repairs that would have been necessary if consent had been granted. Only crack repairs would have been necessary if trees had been removed, not underpinning. Reasonable professional fees incurred in pursuing the appeal are recoverable, except for fees unrelated to the appeal.

Citation
[2004] EWLands LCA_62_2003
Parties
Claimant: Rosemary Duncan; Claimant: Prudential Assurance Company Limited; Compensating Authority: Epping Forest District Council
Jurisdiction
England and Wales
Judgment Date
20 September 2004
Procedural Posture
Compensation Claim Under Tree Preservation Order / Final Decision After Hearing
Outcome
Compensation awarded to claimants.
Legal Topics
Tree Preservation Orders, Compensation for Refusal of Consent, Subsidence Damage, Measure of Damages, Appeal Costs
Property Law Environmental Law Compensation Law Tree Preservation Orders Compensation for Refusal of Consent Subsidence Damage Measure of Damages Appeal Costs

Case Brief

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Parties

Rosemary Duncan

Claimant

Prudential Assurance Company Limited

Claimant

Epping Forest District Council

Compensating Authority

Procedural Posture

Compensation Claim Under Tree Preservation Order / Final Decision After Hearing

Legal Issues

  1. 1 Whether refusal of consent to fell protected trees causing subsidence entitles claimant to compensation under Article 9 of the Order
  2. 2 Proper measure of compensation for loss in market value and costs incurred
  3. 3 Whether underpinning would have been necessary if trees had been removed

Ratio Decidendi

The proper measure of compensation is the diminution in market value of the property caused by the refusal to fell the trees, less the cost of repairs that would have been necessary if consent had been granted. Only crack repairs would have been necessary if trees had been removed, not underpinning. Reasonable professional fees incurred in pursuing the appeal are recoverable, except for fees unrelated to the appeal.

Court Disposition

Compensation awarded to claimants.

Orders

  • Compensating authority to pay claimants £69,139 in compensation.
  • Compensating authority to pay claimants' costs of the reference, to be assessed if not agreed.