Katy Weitz writes: Les and Heather Lawrence have lived in the quiet cul de sac in the village for 18 years, overlooked by three magnificent mature oaks.
But they were surprised on Tuesday 22 October when, out of the blue, a team of tree fellers arrived in an unmarked van to take down several trees including their own boundary hedge as well as the three oaks.
The instruction came from Southern Housing, which owns the land outside their home as well as the two houses at the end of the cul de sac, on the advice of their insurers based on a preliminary report which argued that the roots were causing subsidence, making the houses structurally insecure.
“It came as a shock,” says Les. “We’d had no notice, no warning, no consultation at all.”
The couple argue that far from solving the issue, felling the trees is likely to cause further problems in the long term and takes no account of the environmental impact.
“We love these oaks,” says Les, 60, who retired from his job as a school science technician earlier this year.
“They support all sorts of bird life and squirrels, plus many sorts of insects. There is no justification for their removal. We tried talking to Southern Housing but no one there with any decision making capability will talk to us. They haven’t replied to our concerns by email either.”
Since the felling work was due to continue on October 24, Les and retired social worker Heather took matters into their own hands, parking their cars and standing under the trees, preventing work taking place.
“If we hadn’t done that, the trees would have gone by now,” says Les. “We have not seen the tree surgeons since but they could return at any time.
“We are not people who get involved in protests and I’ve never been part of any kind of direct action before – to be honest, I’m not comfortable with confrontation - but I am willing to fight for these trees. They are so important to our natural environment and we will do whatever it takes to protect them.”
Les and Heather have instructed a solicitor at their own expense to fight the attempts to take down the trees.
They have been refused a Tree Protection Order from Rother District Council on the grounds that it could put the council into legal conflict with Southern Housing.
But Les, who is trained in surveying, argues that the arboricultural assessment report, produced by Property Risk Inspection Ltd on behalf of Southern Housing’s Insurers, did not include any geotechnical investigations so it is not clear if the trees are responsible for the subsidence.
“Removal of mature trees is likely to make matters worse through a process called heave,” said Les.
“This is the opposite of subsidence where the ground swells due to more water remaining in the clay soil. The fact that the trees are 150 to 200 years old and the buildings only 90 means that the ground was already dried by the trees prior to the houses being built. Without the trees, the swelling is likely to further damage the property they are trying to protect and cause damage to our property along with other neighbours.
“We have lived here the last 18 years with these trees and enjoy them and the bird and animal life they bring we want to try and save them. Unfortunately, it looks like the insurance company’s initial option is to remove trees, without taking anything else into consideration.
“I have taken advice from a number of tree specialists over the last two weeks and at a distance of 18 meters from the house, there is only a 10 per cent chance they are the cause of the problem.
“It is also possible that bats roost in the trees and the advice from the Sussex Bat group is that Southern Housing should consult bat consultants to make an assessment.
“The report is flawed because it does not consider the geophysical risks to their own or neighbouring properties, that tree removal may bring.
“The trees provide noise and pollution screening from the road. It also looks like they are supporting the bank to the houses, protecting it from potential landslip.
“I believe the structural issues of the house could be addressed by remedial work and underpinning but it would seem that no other options other than tree removal have been explored.
“Southern Housing have adopted a slash and burn approach, already cutting down an ash tree and hedges at the front of property they own, they had even earmarked our boundary hedge for removal!
“If they had done this work a week earlier when we were away on holiday we would have come back to devastation. We were not advised or consulted about this at all.
“We need to get reports but time is not on our side. One oak has already been partially dismantled. Fortunately, our community has rallied and we have a number of volunteers who are prepared to help us protect the trees while we await the reports. We are not going to give up on these old trees.”
Les and Heather have started a local campaign to #savethebroadoakthree , with a WhatsApp group of local volunteers. If you are interested in getting in touch with the group contact Les on [email protected].
A spokesperson for Southern Housing said: “We understand how important these oak trees are to the local community. We want to reassure them removing any tree is something we'd only consider when all other avenues have been explored.
“We’re following independent, specialist, advice from a land surveyor who has raised serious concerns that the oak trees and nearby vegetation in Broad Oak are causing subsidence to a home. If we choose to do nothing, this home could be at risk of structural collapse in the future.
“We understand how upsetting this is for neighbours, but we've carried out a full arboricultural assessment which has investigated all options. We take our environmental responsibilities extremely seriously. We were one of the first housing associations to launch a biodiversity pathway, which details our commitment to protecting and enhancing our natural land.
“The three oak trees in Broad Oak haven't been removed yet and we will be speaking to local residents to ensure they're fully informed of our plans and address their concerns.”
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