The old pine tree in Mortimer is saved from the axe

An ancient pine tree has been saved from the axe – after people living near it said it was a danger and infringed their human rights.

But the council tree officer won the day, with West Berkshire councillors rejecting calls for a tree preservation order on the pine in Mortimer to be lifted.

They refused to accept the tree was a danger – saying it had stood firm in recent storms, and was a perfectly healthy tree capable of another 60 years of life.

Neighbours in The Bevers and Heathfield streets had ganged up on the 100-year-old tree – saying it was ugly, didn't add anythng to the area and that it would fall down on their houses in a strong wind.

They also told the council’s eastern area planning committee that the danger of the tree infringed their human rights and quoted the European Human Rights Act in their attempt to get the TPO lifted.

The council tree officer showed photo evidence that a car had driven into or crashed into the tree – causing a 15cm diameter gash in its trunk which he said would take 12 to 15 years to close up.

He had even used data from other authorities to suggest the cost of replacing the tree would be £27,000, but then later added that a tree of the size of the one in question was too big to be replaced.

Maurice Ashton, on behalf of the objectors, told the meeting: “The tree has little or no amenity value and the order is a breach of human rights.

"The local authority might argue it is not dangerous but a large pine tree towering above residential properties is dangerous.

"There is nothing to stop this coming down in strong wind. The older and taller it gets the more likely it is to get uprooted.”

Further claims that pine trees are the most likely tree to come down in strong winds and that pines are the largest natural contributor to air pollution were both rejected by the committee which asked for, but was not given any evidence to back the claims.

When asked to clarify the danger that the tree posed, Mr Ashton said: “One might say the chances of being eaten by a lion are minimal, unless you are a lion tamer. Just as your house sits in the target of a large pine tree, it is more likely to be hit.”

Graham Bridgeman (Con, Burghfield and Mortimer) asked: “Are you saying all the large trees in Mortimer are a danger? All of these according to your analysis could blow over on to houses.”

He didn’t think the tree was a danger, but also said there should be no TPO as the tree was not an ‘amenity’ to the area.

Councillor Mike Dennett from Stratfield Mortimner Parish Council spoke in support of the TPO.

He said: “I understand neighbours’ concern but this is a healthy tree with a predicted lifespan of 60 years. We should not allow the destruction of healthy trees. Allowing the felling of this tree would set a precedent in the village.”

The council does not own the tree but the owner of the land on which it grows has to look after it.

The question of wind throw – when a tree is uprooted by strong winds catching the canopy – was also thrown out as a danger.

Tree officer Jon Thomas told the meeting that there has been a lot of research on this.

“If there is disease there is an increased risk factor or if there are works carried out to unbalance the tree which can also result in wind throw. There is no disease in this tree,” he said.

The TPO will now remain in place preventing the tree from being felled.

Alan Macro (Lib Dem, Theale) said: “If every tree that people thought posed a risk was cut down what would our towns and villages look like? I am reassured this tree is safe.”