The root into development

The landscape will never be the same for residents of 80 flats who loved the summer months when their prized 70-year-old tulip tree was in full bloom.

One January morning they woke to discover the tree being prepared for felling by contractors.

Residents quickly made calls to find out why their precious tree was under attack.

Two hours later, the 40ft milestone was sliced down in its prime.

The contractors told residents of Withdean Court, off London Road in Brighton, the tree posed a threat to the foundations of the Thirties flats.

Residents called in tree experts from Brighton and Hove City Council who told them the structure did not have a tree preservation order on it.

Susan Deasy was so aghast at what she said was environmental vandalism, she marched round the area with one of the council's tree wardens ensuring preservation orders existed on many of the other trees in the area or asking if orders could be placed on others not protected.

Residents from Withdean Court called The Argus when the tree was felled to express their anger and their suspicions the loss was for reasons other than the preservation of the flats.

Just 12 weeks later, a property developer lodged an application with the council to build seven flats in Withdean Court - the passage which appeared to have been cleared by the removal of the tree.

Only last month the council granted outline permission for flats to be built on the site.

Residents are determined to continue their fight and have instructed a solicitor to take up their case against the flats but are saddened they were unable to save the tree.

Mrs Deasy said: "I'm not actually cross with the developer.

"They want money which is understandable but I'm disappointed with the council whose members are employed by us.

"They haven't done anything to help us, they just pay lip service. This is a David and Goliath battle and we don't get any help.

"We moved here and I moved my mother and father into a flat above me seven years ago because of the gardens and the trees.

"Now I feel guilty because there could be more flats built here.

"The onus should be on the council to put preservation orders on the trees but they don't.

"I would urge residents to look at trees around them and check orders are on the trees."

Although it is too late for the tulip tree, the residents are determined flats will not be built.

People living in Shirley Drive in Hove have said part of their green environment was desecrated when five mature trees were felled in the garden of a house.

The trees, which neighbours say were a haven for wildlife, were felled weeks before a planning application to build a house, garage and access road on the same plot of land was lodged with the council.

One resident in Rigden Road said: "There are two separate issues really.

"Five or six beautiful trees, probably about 80 years old were removed and now we discover this application has been made."

Once again residents discovered the trees had no preservation orders on them but it was too late.

Although residents are legally entitled to cut down trees without preservation orders on their property, many are often deeply hurt when trees are sacrificed so easily.

However, people can protect trees and bushes in their surrounds, even if the prized plants and trees are on a neighbour's plot.

It only takes a phone call to alert authorities who may be able to place an order on a tree or group of trees.

There are regulations governing which trees deserve a preservation order but wardens employed by the local authority have the power to protect the environment.

Rob Greenland, an arborculturalist with the city council, has worked with the city's trees for more than 30 years and is passionate about their welfare.

He said: "Most people notice trees once they have disappeared, particularly if they have enjoyed them. But if people call us we will always come and look at a tree.

"If it meets the criteria we will place a tree preservation order on it if it deserves one."

Mr Greenland said residents also had the power to report any fine examples of trees in neighbours' gardens and the council officers would check them out without informing the neighbour who had phoned them.

He said: "We will always turn up on a doorstep and tell the householder we want to examine their trees."

Mr Greenland said his department received up to 40 calls a day from tree surgeons, builders and other people wanting to know the particular preservation status of a particular tree.

He said residents were welcome to call or write to the department and check a tree's status, although they needed exact details of an address of a tree.

The department has had applications from as far as Australia.

Mr Greenland said he and the department tour the city and constantly update the preservation orders.

He and his staff have often been forced to act swiftly.

Only recently they were called out after hours to slap an emergency preservation order on a tree which was about to be felled. He admits some people have felled trees quickly to ensure an order is not placed on it which would prevent its removal.

Anyone who chops down a tree with an order faces a maximum fine of £20,000 for destroying a tree and up to £2,500 for anyone who does not completely destroy a tree but has carried out some other work without consent.

It is no defence for a defendant to plead they were unaware an order existed on a particular tree.

Before Brighton and Hove became a unitary authority there were more than 100 orders on trees in Brighton but in Hove there were only 30.

Officers have had to act swiftly to ensure the city's greenery is protected but Mr Greenland said it was vital for people to look around them and contact councils.

Mrs Deasy admits residents had incorrectly assumed the tulip tree was so beautiful it would have surely been given an order.

She said: "We all thought there was an order on the tree but there wasn't. I would tell residents to check and not just assume."