Wivenhoe Town Council (WTC) has received further communication from the insurer’s claims teams which provides greater detail and clarity to the situation.
On the process undertaken to identify the cause of the issues with two properties in Clifton Terrace it has been reiterated that three reports following investigations on site in November 2022, March 2024 and June 2024 undertook root identification on root samples recovered in each site investigation.
It added: “An arboricultural report dated 22 December 2022 identified the vegetation considered to be within influencing distance and the mitigation measures required. The arborist concluded the oak tree was the dominant tree causing the damage.”
The communication continues: “A level monitoring program was undertaken between April 2021 and October 2024.
“It was concluded a tree related clay shrinkage mechanism operated and was the cause of damage. It adds: “Tree root trespass under the foundations was established from the oak tree in the car park and from the horse chestnut tree in the play area.”
It was made clear their latest survey found clear evidence of tree root trespass at both properties and that the insurer is clear that the trees are required to be removed.
The communication also confirmed “it is still our wish the oak tree in the car park together with the horse chestnut and ash trees in the play area are removed by the end of January 2025 so no further damage occurs.
It added they are also dealing with the subsidence damage claim at the second property and “the same trees were considered to be the cause of damage with the oak tree in the car park been the dominant cause of damage”.
The insurer has clarified its position to WTC.
“If the three mentioned trees causing a nuisance and damage to the properties are not removed by the end of January 2025 and foundation stabilisation is deemed necessary to repair the properties then two recovery actions against Wivenhoe Town Council could be anticipated for the additional cost of repairs including the engineered foundation stabilisation schemes.”
The communication makes it clear that the insurer is adamant that the trees are the cause of the subsidence and therefore need to be removed. It also once again states that unless the trees are removed by 1 February the council will face claims for the costs of extensive work to stabilise the properties.
We have also been informed by Colchester City Council (‘CCC’) that they have received a request from a number of residents for the oak tree to be subject of a Tree Preservation Order. The CCC team have studied the reports and spoken at length to residents opposed to the removal, WTC, and the insurer. Having received all the information they have decided that the oak tree will not be subject to a tree preservation order given that the weight of evidence points to the need for its removal.
The Council has engaged regularly with the insurer for over four years and every possible effort has been made to find a solution which would keep the trees in situ.
Regretfully those efforts have not been successful.
While it is disappointing for many in the community, including councillors and council staff, please bear in mind throughout this period there have been property owners and their families which have been living in homes that have been the subject of significant subsidence. They deserve to have their properties restored and what has been an extremely stressful period come to an end.