Two mature Trees in Riverside to be felled by Cardiff Council - Thanks to insurance claim
One of two trees on Neville Street, Riverside, Cardiff which the council plans to fell - thanks to an insurance company
Cardiff Council plans to fell two mature lime trees on Neville Street, Riverside following an intervention by an insurance company. The time and date set for the felling is 8.30am on Monday 22 July, 2024.
Further to a request from a local resident, Cardiff Civic Society wrote to Cardiff Council to ask why they planned to fell the two trees. In response to our request, the Council said:
“The two trees yourselves refer to were part of an ongoing insurance claim going back to 2020.
“Initially the resident made claims of roots damage to the property, whereby our insurers requested this to be proven via an independent Structural Engineer.
“We received a level monitoring report back at the beginning of the year , along with other evidence (root samples) , soil samples, supporting the claimants case.
“Subsidence caused by the roots , soil and current tree status being confirmed.
We had no other choice but to remove the two trees along with two new, young, alternative species being replaced.”
According to the campaign group Stop Home Insurers Felling Trees (SHIFT), case law establishes precedents which are gradually changing the approach to such insurance claims. They cite three precedents:
“The question of reasonable foreseeability. If the tree owner could reasonably foresee the potential for a tree to cause damage but did not manage the situation, then it is liable. But if they did take action to mitigate the risk then liability is reduced or even eliminated
“The amenity value of trees is now being increasingly recognised by the courts, balanced against the risk of subsidence. This can help in the preservation of street trees, reducing council liability, provided the council can demonstrate a good programme of management of street trees, which takes account of risks.
“Expert opinion can often sway a court as to the extent to which subsidence or damage has been caused by trees, thereby reducing, but perhaps not entirely eliminating liability.”
The campaign says it wants “to see a shift in attitudes – away from the obsessive planting of new saplings and towards the retention of our existing mature trees.”