Since 2016 three neighbours living on Storrs Road – including David Pogson, the owner of Northern Tea Merchants - have been repeatedly applying to fell two beech trees.
But on Monday, Chesterfield Borough Council planning committee once again rejected the appeal, arguing the trees soften the urban landscape and contribute to the character of the area.
They said they also should be preserved because of their size, setting, condition and suitability.
Bill Anderson, an arborist at Anderson Tree Care, representing Mr Pogson, disagreed with the council's arguments and said the government inspector will review the decision.
He added: “There is no reason to protect these trees, because their removal would not have a significant negative impact. There's no position where they can be fully seen, you can just get a glimpse of the trees and that’s only from certain places. If they weren't there, most people would not even notice.
“These beech trees are in a private garden, well away from any public area. I don't really see why the local planning authority should be concerning themselves with such matters. Additionally, they are just a massive inconvenience for Mr Pogson and his neighbours.”
In the application to cut down the trees, the residents of all the three houses surrounding argue they significantly shade their gardens, which creates issues with moss in the lawn and kills other plants. They say the trees are overgrown for their location and they are a great nuisance as falling leaves are blocking gutters.
The presence of the trees has additionally influenced Mr Pogson’s planning permission. The size of the extension to his house was reduced as one of the trees could be affected by the works and both of them would be less visible for the public.
Mr Anderson said: “Beyond the fact they can be seen from a few small public areas, there is little to be said about them.
“I reccommend that an application to remove both trees is made on the grounds of low amenity value, and that their removal will not have a significant negative effect.”
A government inspector will visit Chesterfield, at a date due to be set, and make a final decision regarding the trees.