The couple had their request to get rid of the tree, which they described as a “clear danger to life” and neighboring properties, rejected by their local authority.
A couple have been banned from cutting down a tree in their back garden by the council – despite claims it “could kill”.
Leora, 66, and David Faulkner, 62, have applied to have the tree felled because they fear it is a “clear danger to life”, as well as to neighboring properties. But despite their concerns, the local authority rejected their plans, believing a preservation order protecting the tree should remain in place.
The couple say the tree, which is 80 feet tall and about 100 years old, has become “such a big problem” in their lives after one day they woke up to a “huge crash” when a “big big ” fell his garden in Winchester, Hampshire.
Fears of a repeat incident have left them afraid to sit in the garden of their £1.3million home as they worry the tree will “hurt or kill someone”. The couple say that the tree has “mushroomed” in the last 20 years since they moved, and that their garden is “practically all moss” due to the lack of sun.
Mr Faulkner said: “We have a tree that is stretching its limbs. It has been done before, but they have been quite small. The last one was massive.”
Faulkner woke up to a “huge crash” in September last year after a tree branch fell into his garden. Mr Faulkner, who had gone to water the garden the night before, missed the potentially fatal collision by 12 hours. He said: “I thought my roof had fallen in. I couldn’t understand what the noise was.”
He then made a presentation to Winchester City Council’s planning committee this month, proposing that he be allowed to cut it.
At the meeting, he said: “The tree over several properties. If it were to come down, it would hit my house and my neighbor’s house. Last year one of the members fell. If it had fallen 12 hours earlier, he would not have survived. We were lucky that he did not cause significant injuries. I am open to discussing replacing him.”
Despite the case, the committee unanimously agreed to maintain the preservation order for the tree which was served in November 2023. The council said: “The removal of this tree will have a significant negative impact on the visual amenity and the character of the conservation area.
Mrs Faulkner added that the branch was left in their garden while the couple waited three months for someone from the council to see the size of it. She said: “We want the council to come and really see the size of the branch that fell from the tree and the potential damage to life. This tree is such a big problem in our lives. Beech trees are known to drop limbs randomly during their lifetime.
Ms Faulkner added that another member had fallen and “landed in our neighbour’s garden” six years ago. She said: “[It] it is a totally inappropriate tree for this area. When it is in full bloom, we have no sun in our garden. Our garden is very dark, our grass is practically all moss due to the lack of sun. For years and years, we have been asking the council to cut down the tree.
The couple moved into their five-bed home in December 2004, and said the tree has grown in size over the past 20 years. Mrs Faulkner said: “It was much smaller than it was when we bought it, it has grown in 20 years. When we bought it, we had the sun in our garden. Then, in the last 20 years, it has mushroomed in this tree. If the limbs fall from this tree can insult and kill someone – we don’t want to be responsible for it. David was given three minutes before the council – that was it.
“I understand that the tree was there before the residents, but the tree is now in a residential area. If you are in the countryside, of course you do not cut this tree, but here… when it is clearly a life threatening you should have the option to at least plant something else.
She said that every five years, the couple fork out £1,000 to crown the tree, adding: “We said to the council, if you don’t cut down the tree, we won’t take responsibility for the loss of life . if a branch falls.
Mr Faulkner insisted he “loved” trees but feared the consequences of another branch that might fall. “I’m very supportive of trees, but it’s a big one in a residential area. It could be catastrophic if it loses another limb. It could happen again and we may not be lucky next time.”
On the next steps, he said: “I’m stuck. We can’t move forward. I don’t know if there is an appeal system. The tree is now protected so we live with the risk. We have a patio, so we will pass our time here. I’ll just cut the grass now and then. I won’t sit outside under the tree.”
