Due to the amount of support we have got for this ancient tree and the media attention it has attracted Peterborough City Council had to discuss this issue at Full Council. The trees of Peterborough facebook members had managed to get an independent Arborist to look at the report commissioned by PRI Insurance. He also came out and surveyed the site. His findings were quite different from the council's interpretation.

He found that the datum readings submitted in the report were POSITIVE which indicates heave caused by saturated soil. Negative figures would indicate subsidence which is what was being claimed.  So in actual fact the council's solution to fell the tree would cause the soil to be even more saturated and potentially cause the heave to be worse.  Their solution would of course remove their liability as there would be no tree on council land to blame.  They are not responsible for heave so if the damage got worse it would not be their problem.

I explained this fact in detail and told the council that they would not be doing the homeowner any favours be felling the tree. If they want to help the homeowner they would be better off clearing and maintaining the drainage ditch at the rear of the property which is completely clogged as it hasn't been touched in decades. I explained they are not responsible for heave not now and not in the future. The damage has occurred to the conservatory which was erected in defiance of a condition set out in the original planning permission which stated no buildings were to be erected to the rear of the property (not even a shed) .

The council have chosen not to enforce removal of this illegal building and their plan was to pay for repairs or replacement of it and to fell an ancient oak as a precaution in the process!  We have now given them the information they need to reject PRI insurance's claim leaving the insurance company to pick up the bill for the repairs needed.  The council have now referred this matter to the scrutiny committee so we now wait to see what they say on the 6th of January.

Thanks to everyone for your support , the fight continues with common sense on our side!  Please feel free to send you opinion to Wayne Fitzgerald Peterborough City council leader who is promoting Peterborough as the "environmental capital of the fens " And has gone around planting saplings and getting himself in the local paper. PCC have been granted a lot of money to do this of course I worked it out to be around £75 per tree planted. A nice little earner!    

The council meeting is available to watch on youtube .