Tree roots damaging pavement and driveway of 31 consfield avenue property
Sent to Merton Council less than a minute later. Council ref: SRQ-1265809-C8Z3V4.
Dear Street Trees team,
I am writing with concern on behalf of my parents cced in Mr Rasiah Srikandarajah and Ms Subha Srikandarajah (owners of 31 Consfield Avenue, KT3 6HB and have been paying their council tax for nearly 30 years).
We have a serious ongoing issue with the roots from the tree affecting the pavement and our driveway.
The bricks on the driveway have been significantly elevated due to the roots from the tree on the pavement. It has meant they have an uneven surface on the driveway in many places, which my parents have tripped in the rain or snow/frost weather multiple times and is an ongoing falls/injury risk.
My father has negligible vision in one eye and a retired pensioner with long term conditions including unstable angina, heart disease and my mother also has long term medical conditions.
A notice has been placed to reduce the branches (attached) but considering the state of their driveway and falls risk and the vulnerable individuals involved I request:
A) Tree is removed including the roots
OR
B) Tree cut to the base and roots stop continuing to grow over time.
OR
C) full compensation to remove the roots and pave a new driveway by an approved specialist.
There is also an existing precedent for trees being in other locations of the council for root disruption. We had previously sent an email regarding this in 2022 to Perrie Kennedy in the Complaints team at Merton Council but no inspection was organised or response given.
This has been discussed with Ms Hina Bokhari who is a Liberal Democrat London wide assembly member, who will advocate for us as well.
I look forward to your response and timely action.
Updates
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Thank you for reporting a problem with a street tree.
We aim to inspect street tree problems within 10 working days of being reported, or 2 hours if the tree is dangerous. We aim to carry out any necessary work within 30 working days.
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We are sorry to hear you parents' situation and would like to clarify that the notice attached to the cherry tree outside your parents’ property relates to planned works on a 25-metre height oak tree located in your neighbours’ rear garden. These works are entirely unrelated to the cherry tree in your photo. The oak tree is legally protected, and the proposed works have been approved by the Planning Department. Maintenance of public street trees is carried out by the Street trees Team, Greenspaces Department. Following our latest inspection, the cherry tree outside your parents’ property—approximately 4 metres in height—was found to be in good condition. As our tree policy guideline of presumption in favour of tree retention, we won’t consider to remove this tree or cut this tree to base. We understand that the roots of street trees can sometimes cause damage to roads or pavements. Our Highways team has a maintenance programme in place to repair such damage and prevent trip hazards. This upkeep is part of the shared benefits of having street trees in our community. If you notice pavement damage that requires extra attention, please report it directly using the link below for a faster response and updates: https://www.merton.gov.uk/ streets-parking-transport/ streets-and-pavements/ dangerous-paving For tree root damage within your property boundary, we are unable to carry out repairs or removing tree roots within private property. However, you may submit a damage claim and then arrange the repairs and associated works yourself with the compensation if approved. Please see following link for details about claim procedure: https://www.merton.gov.uk/ council-and-local-democracy/ complaints-comments/ insurance-claims During the repairing, you can cut back tree roots within property boundary and consider adding root barrier to prevent recurrence. According to Merton Council’s policy document: Tree Strategy 2023–2029 and common law precedents: “Residents have right to prune overhanging branches or encroaching roots up to their property boundary, provided the tree is not protected (e.g. by a Tree Preservation Order) or in a conservation area. The pruned material remains council property, but you do not need to return it (and please dispose of in legal and appropriate manner). Please note that access to council land is not permitted during such work for safety reasons.” Removing large roots may affect the tree’s stability and increase the risk of whole tree failure. We recommend using a qualified tree surgeon or consulting an arboriculturist for safe, professional work: https://www.trees.org.uk/ Find-a-professional
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