Fight to save 60ft historic oak tree in Derbyshire village after public outcry

Plans to cut down a historic 60ft oak tree over fears it could crush nearby thatched homes were axed after dozens of objections. 

At a South Derbyshire District Council meeting this week plans from Paul Hackney, who lives in a thatched cottage closest to the huge oak tree in Sleepy Lane, Kings Newton, were unanimously rejected.

Mr Hackney, whose home is called Manor Oak, due to the historic tree which dwarfs his property, does not own the tree in question.

However, under planning law, applicants do not need to be the owner of a site or property to apply for planning permission. Although ownership is required to enact any potential subsequent approval.

In response, 77 objection letters were lodged by opposing residents, along with opposition from Melbourne Parish Council, Melbourne Civic Society and the Kings Newton Residents Association.

Three letters of support were also submitted to the council, from the immediate neighbours surrounding the oak, around which all homes must navigate to access their properties in the form of a natural roundabout.

An oak tree has sat at the end of Sleepy Lane, adjacent the public footpath which stretches into the surrounding countryside, since at least 1882.

In 1969 the original tree had a tree preservation order placed on it by the district council, providing legal protection due to its prominence and contribution to the area.

The ancient arbor, aged at least 109 in 1991, showed signs of being in a dangerous condition and was felled and immediately replaced with a sapling – the now 60ft tall, 30ft wide 34-year-old oak.

Mr Hackney claimed the oak is causing blockages in the sewer network, was pushing up the surrounding tarmac, blocking light from his home and posed a major concern of potential crushing the cottage.

He said if the tree falls on his home he would not know who would be legally responsible, though the council had the legal duty to protect the tree, and had no grounds to be able to protect his property.

Mr Hackney told the council meeting the potential for the tree to fall on his thatched cottage was a “frightening prospect”.

He dubbed the tree a “nuisance”, including posing a hazard to delivery vehicles, with an Ocado van recently hitting it.

Mr Hackney had written: “Ultimately it is a tree that has outgrown its position and would be better for the residents to resolve the issue and be involved in the future planning of a new tree (if required) without the understandable stress and worry of the current situation.”

John Jackson, chairperson of the Kings Newton Residents Association, said the oak was healthy and “doesn’t demonstrate any reasonable risk”.

He said oak trees have a life expectancy of several centuries and that the original ancient oak in this spot had formed the meeting spot for village elders for many years.

Mr Jackson said all that was needed was for the tree to be regularly trimmed.

Cllr Amy Wheelton dubbed the oak “beautiful” and that it could typically be expected to reach 300 years old, representing a “keystone species” and opposed it being felled.

She said she was “slightly shocked” that the district council’s tree officer had not objected to the felling, while its conservation officer did.

Cllr Andrew Kirke said: “I do have some sympathy for the neighbours. We have many very large trees but we can’t just chop them down in case there is a strong wind.

“We have lots of periods of strong wind while it has been there and trees have fallen down but it has stayed up through all of that.

“There is no reason to chop down such a healthy specimen.”

Cllr Jayne Davies said: “It is such a glorious tree. It has a tree preservation order for a reason and the applicant can come back for a crown or lift or another suitable solution.”