Homeowner in council tree tussle
SURGEON SAYS ROOTS INTERFERED WITH
A WHITLEY Bay man has been locked in a battle after a tree on council land fell down during Storm Arwen and damaged his home.
Strong winds during Storm Arwen caused the tree to fall onto Phil Swinney’s bungalow on Greenway, West Monkseaton in November 2021, and now he finds himself in an ongoing battle with his local council.
Phil says the felled tree has cost him over £1,000 in repairs – after his fence, roofing and other property sustained damage as a result. But he feels the council are liable to pay the reparations for the damages caused.
North Tyneside Council have reportedly told Phil that the incident was an ‘act of god,’ therefore they aren’t liable to pay the damages to his private property.
However, he feels as though the tree itself had already been weakened by council works, making it less robust to the winds than usual.
Speaking to The Sunday Sun, Phil said: “A local tree surgeon indicates that the fallen tree’s roots had been interfered with and severed when the council relaid the path, kerb and road which is negligent behaviour.
“Another council tree 20 yards away is still standing because its roots were not interfered with and severed.”
And amid an increase of extreme weather over the past couple of months, Phil now fears that a similar situation may happen to himself or a neighbour in the near future – leaving them thousands out of pocket with no compensation for repairs contributed by the council.
He added: “Given we are experiencing more and more severe weather and significantly higher winds on a regular basis, do the general public know that any council tree falling onto their property or fences or land is their responsibility – as the council will stand behind an Act of God unless the resident can prove the council were negligent?
“Any insurance claims will be on the householders insurance policy despite it being the council’s tree and on council land.
“Equally, the council will not remove a healthy and stable tree regardless of its size and volume as per their Tree Management Policy, so anyone with an oversized council tree outside their property
is potentially vulnerable to the position I find myself in at present.”
He added: “Before this event, I was not aware that the council would not be liable for their tree on their land if it fell and caused a resident damage to their property.
“The common sense test would suggest that the council would be liable and there will be many borough residents with huge council trees outside their properties, not knowing that if it falls and causes their property damage and expense, then they will be liable and the council will blame God.”
Phil now finds himself with many unanswered questions after his back and forth with North Tyneside Council.
He continued: “The council’s Tree Management Policy is clearly flawed – why would anyone allow a huge tree to grow outside of an area that could cause damage to property and potentially residents?
“Why did the council shred the fallen tree outside my property and tarmac the hole it left when it was defending a negligence claim from a resident?”
Phil is now said to be considering seeking legal advice regarding the incident which has caused damage to his property, after a lengthy battle with the council.
The Sunday Sun reached out to North Tyneside Council for a comment on the matter. However, as the claim made by Phil is currently ongoing, they refused to disclose any detailed information.
A spokesperson for North Tyneside Council, said: “We have received a claim from Mr Swinney and this claim is with our insurers now. As the claim is ongoing we cannot comment further.”