‘Danger’ tree appeal

Woman wants to cut them down

Concern over dangerous trees prompted a Kings Park home owner to seek to have them chopped down. Patricia Butterworth applied to fell eight trees from her ground but Stirling Council gave permission to axe just four leading her to appeal to the Scottish Government.

A Kings Park woman fears dangerous trees could put her and her neighbours at risk.

Patricia Butterworth applied for permission to fell eight trees from ground around her property in Batterflatts Gardens.

Stirling Council planning officials gave permission for only four trees to be felled.

The other three lime trees and a sycamore can only be reduced in height or have dead wood removed.

She has now appealed to the Scottish Government planning appeals department, asking for permission to remove them without the need for replanting.

In her submission she says the 30 metre sycamore is causing “mental anguish and constant worry over catastrophic collapse” and fears it could cause loss of life in neighbouring properties.

She added it is also creating insurance and legal issues as it has been deemed dangerous and branches have already collapsed in strong winds.

One of the lime trees is said to be close to the boundary fence of Kenningknowes Community Garden and another lime is just three metres from a neighbour’s property and a “catastrophic fall would demolish a home with possible fatalities”.

Her advisor Derek Paterson wrote to Stirling Council: “It is crystal clear that Mrs Butterworth is faced with a situation of some considerable legal liability to her near neighbours, whose properties are adversely affected by the trees, in terms of civil nuisance arising from overgrowing branches but much more severely by invading roots.”

Mr Paterson claimed Mrs Butterworth does not even need to apply for permission to fell the trees to prevent a nuisance.

He added: “The trees are in the back garden of number 16 and, being surrounded by houses, there is now little public view of the trees and therefore very limited public benefit.”

He said he is “greatly troubled” that the council believes the sycamore only needs to have dead wood removed and be reduced in height by 25 per cent.

He said: “This flies in the face of the recorded facts relating to this tree’s condition and totally neglects any consideration of the legal responsibilities and liabilities incumbent upon Mrs Butterworth for the tree’s safekeeping.

“Even were the tree not committing a civil nuisance, which it is, there is no tree expert in my ken who would put his/her reputation on the line by certifying the tree to be anything other than a risk.”

Both Mrs Butterworth and Stirling Council declined to comment.

There is little public view of the trees and very little public benefit