So, parents neighbours have a big old oak tree in the garden of their little bungalow, located against the boundary fence so a lot of it overhangs the pavement and road alongside. The tree has TPO order on it.
They have applied to have it reduced in size, as quite big bits have blown off over the winter, into their garden and onto the pavement.
Council have turned down the application due to the TPO, but stressed that as the tree is on their land they may liable if anyone is injured if anything blows down. Neighbours (elderly) rather concerned by this.
By applying to the council and being refused permission to try and reduce the risk, have they done enough to argue that they have acted reasonably and therefore not been negligent in the event of an accident?