Cowfold holds vigil to stop council from felling 150-year-old tree

Residents of Cowfold are angry after they were informed that their beloved oak tree, which they have christened “Oakley”, was set to be felled Tuesday, September 3. Horsham District Council were instructed by Direct Line Insurance to fell the tree due to its suspected implication in subsidence beneath a nearby house.

The villagers were galvanised into action and formed Save Cowfold Oaks in a bid to protect Oakley. On the day of the intended felling, the group held a vigil by the tree and successfully deterred contractors. Group member Gabi Barratt says that despite this victory, the tree is not out of the woods yet.

The group say the tree is part of an important ecosystem (Image: Gabi Barrett)

She said: “The tree is completely healthy – more than healthy – it is part of an ecosystem which includes a pond with great crested newts, bats roost in the tree and a family of hedgehogs live nearby.

“The tree is located on Acorn Avenue in Oakfield Road because the whole area used to be filled with Oak trees. It’s so important to the village. Many people in the village have had, known and played around the tree since childhood – had picnics in its shade and watched the bats in the evening.”

The group standing underneath the huge tree (Image: Gabi Barrett)

Save Cowfold Oaks believe that too often insurance companies apply pressure to councils who capitulate because they “don’t have enough money to stand up to them in court.” The group would like to see Direct Line undertake a bio survey of the area and explore alternative ways of reducing the subsidence while retaining the tree.

A Direct Line Group spokesperson said: "Direct Line Group takes its environmental responsibilities very seriously. In this situation, the subsidence caused by the nearby oak tree is causing damage to our customer’s home and we have an obligation under the terms of the insurance policy to address the issue.

"We've worked closely with various stakeholders to explore alternatives and remain in discussions with the local Parish, who own the tree, and will ultimately decide the next course of action.” 

A spokesperson for Horsham District Council said: 

"Horsham District Council is not the owner of the tree.  Our responsibility in this case was to consider an application to fell the tree and decide whether it was appropriate to permit the tree to be felled by the landowner or not. The council received an application to fell the tree in question in November 2022. The application was supported by detailed evidence that suggested on the balance of probabilities that the tree was the cause or at least a contributing factor to the structural issues at a nearby property.

"In determining such applications, the council must be mindful of the general right of compensation under the TPO regulations.  This means that should such an application be refused,  Horsham District Council would be liable for any increased costs involved in repairing the damaged building while retaining the tree, compared with its removal. Whilst no specific figure is available for this particular case, costs to remedy subsidence issues would run would run into many thousands of pounds. This would have to be funded from the council’s budget (and therefore indirectly via the taxpayer), reducing the funds available for other much needed Council services and facilities.

"The council accepts that the loss of this tree will lead to the loss of the character of the area, and recognises that any replacement would be, for a number of years at least, slim recompense. However, the council is not in a position to accept financial liability for privately owned trees in cases such as this one, and ultimately the council gave permission for it to be felled on 19/01/2023."