Campaigners lose battle to save protected trees

A council has said it has "reluctantly" allowed the felling of seven protected trees that have been blamed for cracks in two homes.

Fareham Borough Council agreed to remove tree preservation orders (TPOs) from six oaks and one lime between Heath Lawns and Southmead Road.

It said refusing the applications from insurers might expose it to claims for future property damage totalling more than £225,000.

Former Home Secretary and Fareham and Waterlooville MP Suella Braverman, who was lobbied by protesters over the issue, said insurers were pressuring councils to allow felling as a first resort.

Extensive internal and external cracks appeared in both properties in the summer of 2022, the council reported.

The cause was the ground drying out, probably due to tree roots, it said.

Council officers concluded: "The need to prevent ongoing damage... and to avoid a substantial compensation claim against the council outweighs the amenity benefit of these trees."

However, campaigner Dean Scopes said the century-old trees were "irreplaceable natural assets".

He said insurance companies were "bullying" councils into removing TPOs.

In a report on the case, Mr Scopes' tree consultant Jeremy Barrell said one of the insurers, Direct Line, was "forcing the felling of extremely valuable trees to avoid expense and boost its own profit margins".

Ms Braverman said insurance firms in general were "taking advantage" of councils' liability.

In a statement, she said: "Insurance companies have pressured local authorities into felling perfectly healthy trees with Tree Preservation Orders at the first point of contact.

"I recently met with the Association of British Insurers (ABI) to highlight this issue and urge them to change their guidance. The ABI is working with Defra and Forestry England on a new protocol that should improve the current situation, to be introduced next year.

"Going forward, I will continue to work... to improve the current situation where too many cherished trees are being needlessly felled."

Direct Line said it always considered the amenity value of trees and alternatives to felling such as pruning.

However, in a letter to Mr Scopes, the firm added: "The cost differential between tree removal and an engineered stabilisation solution cannot be disregarded.

"Resolving all or most tree-related subsidence claims by undertaking a scheme of engineered stabilisation works will result in unaffordable increases in premiums for our customers."

Previously, the Association of British Insurers said felling was not its default solution to protect homes.

It added: "It is a balance between preserving greenery, while ensuring that homeowners can get competitively priced home insurance, not least because without it their mortgage could be at risk."

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