A 100-year-old oak tree has been spared from destruction despite causing structural damage to a nearby home. Jessica Ohren applied for permission to remove the tree from her property in Frome, Somerset, claiming it had led to subsidence-related damage and significant cracking in her conservatory walls.
Homeowner's Claims
Ms Ohren's agent argued that the tree had also caused sloping and cracking in the garage floor. They stated that tree roots were 'directly within the foundation zone' of the conservatory, making it 'highly probable the tree is a principal contributing factor to the subsidence'. The application noted that while the tree had amenity value, it was 'unsuitable for retention in its current location due to its direct impact on built structures'.
Neighbours' Objections
Neighbour Julian Hight opposed the felling, asserting that the garage and conservatory were built on 'inadequate foundations'. He remarked: 'The garage and conservatory were clearly built on inadequate foundations so close to an historic veteran oak that predates all buildings in the area by at least a century.' Another resident, Sally Nilsson, argued it was Ms Ohren's responsibility to ensure the stability of her house without harming the environment. She stated: 'The house should never have been built so close to it. The root system is at least as wide below ground as it is compared to the canopy above.'
Council's Decision
Frome Town Council also objected, describing the tree as 'high-value' and noting it 'predates the surrounding housing development and makes an important contribution to local amenity and character'. The council highlighted a lack of structural survey and arboricultural evidence to directly attribute the subsidence to the tree. Somerset Council refused the application, with planning officer Nick Ball stating it was 'in the interest of good arboricultural practice, because the building with damage doesn't meet the necessary building regulations, and due to the tree's outstanding amenity value'. He added that removing the tree could lead to 'subsequent heave' due to soil moisture changes. Ms Ohren has not indicated whether she will appeal the decision.
