Derbyshire couple slam council after tree cut down without warning – leaving huge gap into their garden

Charlie and Daniel Hanson, who live off Aldreds Lane in Heanor, bought their first home in 2021 – where they live with their six-year-old daughter and puppy.

Earlier this year, however, they came home to find workmen employed by Amber Valley Borough Council had come onto their property and cut down a tree at the bottom of their garden – leaving it exposed to the parkland on the other side.

Charlie said: “I’d come back from walking the dog and I’d seen them up the tree. They didn’t say anything to us about the tree being unsafe, and I just assumed they were taking back some of the branches.

“I then came back from work and they’d actually cut most of the tree down. They’d definitely been in our garden too as they’d moved stuff around – they’d left sawdust everywhere.”

Charlie and Daniel complained to the authority, which then agreed to come back and cut the trunk further. The couple hoped the stump would be levelled so that they could build a fence – allowing their daughter and puppy to safely play in their garden.

Jane Hanson, Daniel’s aunt, has been helping the pair fight their case.

She said: “The way they had left the tree meant they couldn’t build a fence. The council came back and cut the stump down again, but they still can’t put a fence up because of the way it’s been left.

“They can’t let the puppy out into the garden as it now opens straight up onto this parkland. Anybody can walk into their property now as they’ve got no protection, and the council have told them they’re not responsible for children and pets.”

Charlie said: “I can understand if there’s health and safety issues with the tree, but surely they should get in touch before they come onto your property to do anything.

“It’s not nice having your garden open like that, anyone could easily walk straight in. If we’re out in the garden, what’s to stop a dog that’s off its lead coming through?”

AVBC have informed Charlie and Daniel that, as the tree is on their land, they are not obligated to come back and remove or level the trunk entirely – which Jane said she could not understand.

“It’s completely wrong what they’re doing. I think the council are bullying them here, they’ve left them high and dry.

“The way they had left the tree meant they couldn’t build a fence. The council came back and cut the stump down again, but they still can’t put a fence up. They then said it’s not their responsibility to do any more, as it’s not on their land – why did they come back and do more work in the first place?

“I’ve sent them photos which clearly show that the tree crosses the boundary.”

An Amber Valley spokesperson said: “The hedgerow of which the tree was a part is in the ownership of the council. Unfortunately, the tree had to be urgently removed in February due to safety reasons resulting from storm damage.

“Initially the trunk was left at around hedge height as there was fencing attached to the trunk on the side of the resident’s property. Following contact from the residents, the council advised that the tree could not be removed in its entirety due to its position within the hedgerow and that to reduce the trunk further would create a larger gap.

“The council was nonetheless asked by the residents to reduce the height of the trunk to ground level, which was subsequently undertaken. There are no plans to grind out the stump due to the damage it would cause to the wider hedgerow, which was fully communicated to the residents.”

The matter is currently with the council’s legal section.