Family forced to leave their home for a £200k repair

Family forced to leave their home for a £200k repair Family forced to leave their home for a £200k repair

A FAMILY will be forced to leave their home for six months while £200,000 of work is done to repair damage they believe is caused by trees.

Two oaks, in Green Lane, Eastwood, are believed to be causing the damage, but Southend Council has thrown out three bids to fell them.

Tony Martin and his wife, Cheryl, believe the trees’ roots are sucking water from soil underneath their house, causing it to subside.

However, councillors rejected the claims for the third time, arguing the trees had been there longer than the property.

Under British law, a council can be forced to pay the costs of underpinning homes or repairing cracks if it has rejected bids to fell problem trees.

Mr Martin’s insurer, Direct Line, has estimated a £200,000 bill for the work needed to repair his home.

Despite the insurance firm insisting it will reclaim the money from the council, the 51-year-old construction company owner and father to Robyn, 15, and Bradley, 13, said he simply wanted a quick solution. He said: “We will now have to move out for six months while the insurers pay for the house to be underpinned properly.

“It is my daughter’s GCSE year and she does not need the disruption this will cause.”

Members of the council’s development control committee voted unanimously to reject Mr Martin’s latest application to fell the oaks, at the recommendation of the authority’s tree experts. The officers claimed Mr Martin provided no proof as to which tree was to blame for the cracks throughout his home.

Mr Martin argued there was no need to be more specific.

He said: “Holes have been dug which show there are roots from both trees under the house. I’m very frustrated by the whole experience.”

Andrew Lewis, Southend Council’s corporate director for the environment, confirmed the development control committee had refused an application to fell the trees on Wednesday, September 12.

He said: “The committee carefully considered this application in the context of the relevant legislation, but was not satisfied there was sufficient evidence to support the case for the removing both trees.

“These trees are of high amenity value and protected by law for the benefit of the public. Felling should be a last resort and only if there is a compelling case to do so.

“The applicant has the right to appeal to the Planning Inspectorate over the council’s decision.”

Comments(25)

benfleet101 says...
3:22pm Wed 26 Sep 12

This is not news. As sympathetic as I am to the situation (I too was moved out by insurers for 6 months due to tree root subsidence repairs), there is no quick solution. Even if the trees were felled tomorrow, the shrinkage of the dead roots under the property would cause a secondary set of problems, possibly heave. The damage has been done, they are being moved out to repair it - how would the instant removal of the trees remove the need to repair the damage?

jolllyboy says...
4:36pm Wed 26 Sep 12

Southend Council would know that to avoid problems with trees they need to be maintained properly. As the house was built after the trees were there why did the council approve the building of the house? Why did the Council not maintain the trees properly.? In a road near where I live they have cut down oak trees and pollarded others. Not replacing them either with anything.Trees have been felled and replaced with new small ones along some roads too.Agreed felling these trees would probably have caused heave but the problem should have been sorted much earlier. In the light of the amount of money that the council are having to pay out it would be common sense to find a solution to this type of problem in the first instance.

CALL ME CLINT says...
5:15pm Wed 26 Sep 12

I wonder how long Mr Martin has owned the property and whether he had a survey done at time of purchase.

E-Types... says...
5:29pm Wed 26 Sep 12

For once i agree with a council...leave the trees be.

saarfender says...
5:42pm Wed 26 Sep 12

Amazing that the trees are to remain, I thought Southend was anti-tree (other than Anna's sick palms on the seafront). Look at how many have been felled and replaced with concrete over the last few years.

Max Impact says...
6:13pm Wed 26 Sep 12

saarfender wrote:
Amazing that the trees are to remain, I thought Southend was anti-tree (other than Anna's sick palms on the seafront). Look at how many have been felled and replaced with concrete over the last few years.
If you could be botherd to check you would know that there is a two for one policy, for every one tree cut down two are planted.

Max Impact says...
6:20pm Wed 26 Sep 12

jolllyboy wrote:
Southend Council would know that to avoid problems with trees they need to be maintained properly. As the house was built after the trees were there why did the council approve the building of the house? Why did the Council not maintain the trees properly.? In a road near where I live they have cut down oak trees and pollarded others. Not replacing them either with anything.Trees have been felled and replaced with new small ones along some roads too.Agreed felling these trees would probably have caused heave but the problem should have been sorted much earlier. In the light of the amount of money that the council are having to pay out it would be common sense to find a solution to this type of problem in the first instance.
Its NOT the same council there have been dozens of elections since, so how you can level the fault at the Council is crazy.


Currently I am stuck on the road side in a knackerd 7.5ton truck a few miles from Genoa on route to Gioia Tauro.

Been here three hours waiting the pick up truck, no loo out of food and only water to drink.

E-Types... says...
7:11pm Wed 26 Sep 12

Max Impact wrote:
jolllyboy wrote:
Southend Council would know that to avoid problems with trees they need to be maintained properly. As the house was built after the trees were there why did the council approve the building of the house? Why did the Council not maintain the trees properly.? In a road near where I live they have cut down oak trees and pollarded others. Not replacing them either with anything.Trees have been felled and replaced with new small ones along some roads too.Agreed felling these trees would probably have caused heave but the problem should have been sorted much earlier. In the light of the amount of money that the council are having to pay out it would be common sense to find a solution to this type of problem in the first instance.
Its NOT the same council there have been dozens of elections since, so how you can level the fault at the Council is crazy.


Currently I am stuck on the road side in a knackerd 7.5ton truck a few miles from Genoa on route to Gioia Tauro.

Been here three hours waiting the pick up truck, no loo out of food and only water to drink.
Tell it to your blog or those who give a....

Max Impact says...
7:43pm Wed 26 Sep 12

E-Types... wrote:
Max Impact wrote:
jolllyboy wrote: Southend Council would know that to avoid problems with trees they need to be maintained properly. As the house was built after the trees were there why did the council approve the building of the house? Why did the Council not maintain the trees properly.? In a road near where I live they have cut down oak trees and pollarded others. Not replacing them either with anything.Trees have been felled and replaced with new small ones along some roads too.Agreed felling these trees would probably have caused heave but the problem should have been sorted much earlier. In the light of the amount of money that the council are having to pay out it would be common sense to find a solution to this type of problem in the first instance.
Its NOT the same council there have been dozens of elections since, so how you can level the fault at the Council is crazy. Currently I am stuck on the road side in a knackerd 7.5ton truck a few miles from Genoa on route to Gioia Tauro. Been here three hours waiting the pick up truck, no loo out of food and only water to drink.
Tell it to your blog or those who give a....
Don't run a blog, not enough time, well at present I have as this truck is not going anywhere could you point me to where I could start one please.

and by the way I was stating FACT do you beleve in stating fact or not? or are you one of these people that think you should lay the fault with the current, people who had nothing to do with things that happened in the past, if the latter it's your fault my truck is stuck by the road side, I know you had nothing to do with it but hay lets all blame somrbody that had nothing to do with it, whilst we are at it I blame everyone who reads this for reading it.

saarfender says...
7:59pm Wed 26 Sep 12

Max Impact wrote:
saarfender wrote:
Amazing that the trees are to remain, I thought Southend was anti-tree (other than Anna's sick palms on the seafront). Look at how many have been felled and replaced with concrete over the last few years.
If you could be botherd to check you would know that there is a two for one policy, for every one tree cut down two are planted.
What is preferable? One beautiful mature tree that has taken decades to grow, or two young immature saplings that soon die thanks to lack of care and the transplanting process?

Policy is one thing, reality is another.

Max Impact says...
8:40pm Wed 26 Sep 12

Two as they don't all die and when they grow you will ahve two big trees instead of one nearing the end of it's life.

are you a spokes person for the Southend Tree Huggers?

saarfender says...
9:38pm Wed 26 Sep 12

Not a spokesperson at all. Just somebody who's been getting really fed up with how Southend has been turned more and more into a concrete jungle and really gone downhill.

Absolutely amazed recently looking at some "old" photos (if you can call the 1980's old!), searching more off the back of that, and comparing how pleasant Southend looked from the oldest 1800's through to around the '80s. Remember the old raised flower beds in the high street? Everything gone now, and replaced with concrete, paving, and sterile features that's really look dated quickly.

saarfender says...
9:53pm Wed 26 Sep 12

As for the 2-4-1 tree policy, I loved this comparison.

Victoria gateway as per artist impression.
http://www.echo-news
.co.uk/news/4848786.
__7million_plan_to_c
hange_the_face_of_So
uthend_town_centre/
(count the trees)

Victoria Gateway as per photograph of what got built.
http://www.flickr.co
m/photos/fred_bear/5
591924371/lightbox/

Significantly fewer trees, and constrained in paving so they'll never grow to the size and maturity of the ones they have replaced.

Max Impact says...
11:06pm Wed 26 Sep 12

saarfender wrote:
As for the 2-4-1 tree policy, I loved this comparison.

Victoria gateway as per artist impression.
http://www.echo-news

.co.uk/news/4848786.

__7million_plan_to_c

hange_the_face_of_So

uthend_town_centre/
(count the trees)

Victoria Gateway as per photograph of what got built.
http://www.flickr.co

m/photos/fred_bear/5

591924371/lightbox/

Significantly fewer trees, and constrained in paving so they'll never grow to the size and maturity of the ones they have replaced.
If you botherd to check the facts on the 2-4-1 policy you would know that whilst the trees are replaced 2-4-1 they will not always be in the same immediate area.

Finally been recoved from the roadside now in a hotel, that actually let me leave the van in the car park one side of the van is a Maserati GranCabrio Sport, the other side a DB9, wounder if I could wrangle a swap for one of them...

saarfender says...
11:36pm Wed 26 Sep 12

Never said anything about the 2-4-1 policy being on same site, after all aren't there more trees in total at Victoria gateway now than before? Clear opportunity there for me to be shot down ;)

Main gripe is the removal of mature trees & grass in order to replace them with tiny saplings and sterile concrete. It's ruining the town and making it a much less attractive place.


Without wanting to stir up the old Vic Circus debate again, when I recall walking through the grassy banks that were where the cinema is now and looking back at the green roundabout/trees; and compare it to today's paved wind tunnel....

beyond the valley of the asbos says...
7:52am Thu 27 Sep 12

the 2 trees do appear to be spilling onto the boundary of his property and i'm sure the overhang plus light issue and leaf drop is a nightmare. the original architects however were at fault. looks like a '70s chalet monstrosity to me and those trees are clearly much older.

v.randy says...
9:55am Thu 27 Sep 12

Rich -boy ,big house ,flash car...standard developer.
Get your own company to move the house back a few yards.

v.randy says...
9:55am Thu 27 Sep 12

Rich -boy ,big house ,flash car...standard developer.
Get your own company to move the house back a few yards.

APR says...
10:50am Thu 27 Sep 12

He should only have a claim against the builders.

No doubt he will come out of this making a profit ?

smiffy22 says...
5:49pm Thu 27 Sep 12

Hmm. Not a rare situation unfortunately. Speaking more generally, someone builds a house adjacent to ancient trees, that are a feature of and an amenity for the area. They don't build it with adequate foundations (and/or just too close to the trees), then a number of years later they whine that the trees are damaging their house (or their insurers do it for them!) and say (sometimes demand) that the trees should be cut down.
If you don't want to live next to a tree - don't buy a house next to one.
If you really must build close to a tree - build with adequate foundations.
But just leave our trees alone!
It seems that people with more money than sense of social responsibility are ruining our environment.

smiffy22 says...
5:52pm Thu 27 Sep 12

saarfender wrote:
Never said anything about the 2-4-1 policy being on same site, after all aren't there more trees in total at Victoria gateway now than before? Clear opportunity there for me to be shot down ;)

Main gripe is the removal of mature trees & grass in order to replace them with tiny saplings and sterile concrete. It's ruining the town and making it a much less attractive place.


Without wanting to stir up the old Vic Circus debate again, when I recall walking through the grassy banks that were where the cinema is now and looking back at the green roundabout/trees; and compare it to today's paved wind tunnel....
Yes, I recall how the grassy banks where the cinema now stands being full of office workers and/or shoppers sitting in the sun on summer days. Destroyed now, of course. But I guess that's profit, sorry I meant progress.
Well done southend council.
Regards,
Smiffy22

Max Impact says...
6:39pm Thu 27 Sep 12

smiffy22 wrote:
saarfender wrote: Never said anything about the 2-4-1 policy being on same site, after all aren't there more trees in total at Victoria gateway now than before? Clear opportunity there for me to be shot down ;) Main gripe is the removal of mature trees & grass in order to replace them with tiny saplings and sterile concrete. It's ruining the town and making it a much less attractive place. Without wanting to stir up the old Vic Circus debate again, when I recall walking through the grassy banks that were where the cinema is now and looking back at the green roundabout/trees; and compare it to today's paved wind tunnel....
Yes, I recall how the grassy banks where the cinema now stands being full of office workers and/or shoppers sitting in the sun on summer days. Destroyed now, of course. But I guess that's profit, sorry I meant progress. Well done southend council. Regards, Smiffy22
The odeon Multi-plex opened in November 1996 how many of the current council sitting now were sitting then?

Suppose it is the current council's fault for the sky being blue and the grass green...

beyond the valley of the asbos says...
7:26pm Thu 27 Sep 12

smiffy22 wrote:
Hmm. Not a rare situation unfortunately. Speaking more generally, someone builds a house adjacent to ancient trees, that are a feature of and an amenity for the area. They don't build it with adequate foundations (and/or just too close to the trees), then a number of years later they whine that the trees are damaging their house (or their insurers do it for them!) and say (sometimes demand) that the trees should be cut down.
If you don't want to live next to a tree - don't buy a house next to one.
If you really must build close to a tree - build with adequate foundations.
But just leave our trees alone!
It seems that people with more money than sense of social responsibility are ruining our environment.
agree somewhat but sbc will fight everything tree related whether they have a leg to stand on or not. i have first hand experience and they had no leg to stand on. funnily enough the amenity value (which is completely unmeasurable) card was used in my case too. in this particular case you will find that sbc settle with the insurer's crack lawyers out of court so amenity is ultimately measured in quantity and value of out of court settlements the council make and you can bet your life it's significant

smiffy22 says...
11:02pm Thu 27 Sep 12

Max Impact wrote:
smiffy22 wrote:
saarfender wrote: Never said anything about the 2-4-1 policy being on same site, after all aren't there more trees in total at Victoria gateway now than before? Clear opportunity there for me to be shot down ;) Main gripe is the removal of mature trees & grass in order to replace them with tiny saplings and sterile concrete. It's ruining the town and making it a much less attractive place. Without wanting to stir up the old Vic Circus debate again, when I recall walking through the grassy banks that were where the cinema is now and looking back at the green roundabout/trees; and compare it to today's paved wind tunnel....
Yes, I recall how the grassy banks where the cinema now stands being full of office workers and/or shoppers sitting in the sun on summer days. Destroyed now, of course. But I guess that's profit, sorry I meant progress. Well done southend council. Regards, Smiffy22
The odeon Multi-plex opened in November 1996 how many of the current council sitting now were sitting then?

Suppose it is the current council's fault for the sky being blue and the grass green...
What a bizarre and pointless comment! I don't really care who worked in Southend council then or now, I was of course whingeing about the council in general, not the specific people involved. I expect the same decisions would be made anyway if the matter arose now.
Regards,
Smiffy22

smiffy22 says...
11:06pm Thu 27 Sep 12

beyond the valley of the asbos wrote:
smiffy22 wrote:
Hmm. Not a rare situation unfortunately. Speaking more generally, someone builds a house adjacent to ancient trees, that are a feature of and an amenity for the area. They don't build it with adequate foundations (and/or just too close to the trees), then a number of years later they whine that the trees are damaging their house (or their insurers do it for them!) and say (sometimes demand) that the trees should be cut down.
If you don't want to live next to a tree - don't buy a house next to one.
If you really must build close to a tree - build with adequate foundations.
But just leave our trees alone!
It seems that people with more money than sense of social responsibility are ruining our environment.
agree somewhat but sbc will fight everything tree related whether they have a leg to stand on or not. i have first hand experience and they had no leg to stand on. funnily enough the amenity value (which is completely unmeasurable) card was used in my case too. in this particular case you will find that sbc settle with the insurer's crack lawyers out of court so amenity is ultimately measured in quantity and value of out of court settlements the council make and you can bet your life it's significant
I expect you are right. It's all rather sad really. Certain individuals, and lots of law firms, make pots of money or get unwarranted advantage, and it's the poor taxpayers and local residents that foot the bill or simply lose part of the environment. The legal system definitely needs a shake-up in favour of other than those with the deepest pockets or with "friends" in the right lodge.
Regards,
Smiffy22

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