‘Felling two much-loved oak trees in Rugby borough village could have been avoided’ says parish council

A structural report concluded that the two trees in Foxwood Drive, Binley Woods - both thought to be over 100 years old - were causing damage to a nearby house and therefore had to be chopped down.

But Paul Salisbury, chair of Binley Woods Parish Council, said when the house was built in 2002, it was built too close to the trees and without the sufficient foundations. He blames both the developers, Bellway Homes, and Rugby Borough Council (RBC) - but both have said they are not responsible.

Cllr Salisbury said that the oak trees once stood on the site of Binley Woods First School and children used to sit under them and among the daffodils for lessons during the warm weather.

He added that the former school was "very forward in promoting nature and the environment" and David Bellamy once came to the village and planted a tree near what is now Foxwood Drive.

"It was a lovely place for them to grow up," he said.

"This was why Binley Woods Parish Council pushed for a Tree Preservation Order (TPO) on all the trees."

The structural report concludes that when the house was built next to the trees in 2002, the foundations were not deep enough, adding: "Had the foundations been designed and installed in accordance with NHBC guidelines in force at the time of construction, the damage could have been prevented."

In response, Cllr Salisbury said: "Having read both the tree and structural report, the parish council finds this very worrying.

"The trees were there for around 100 years prior to build, so could not be missed. There are more premises on this site, and all around Binley Woods, in closer proximity to mature oaks. Are these to come down also?"

He claimed that RBC should be held accountable in their duties as planning regulators - but the council said it is not responsible, adding: "Bellway Homes employed the building control service provided by the National House-Building Council and RBC’s planning enforcement team has no record of receiving reports during the property’s construction."

Talking about the felling, RBC added: “An independent structural report on the property and an independent arboricultural impact assessment both concluded the oak trees in question were causing subsidence at the property, resulting in structural step cracking to the walls."

“While both trees were subject to Tree Preservation Orders, an inspection by the council’s arboricultural officer confirmed the concerns highlighted in the independent reports and the application to fell the trees was approved.”

A spokesperson for Bellway Homes said it takes no responsibility for the situation.

A spokesperson said: "I am surprised at the allegations being made by the (parish) council as Bellway is unaware of the issue of the tree felling, and nothing has been raised to us directly by the council, the homeowner, or other authorities.

"Given the passage of time since the development was completed, Bellway cannot be held responsible for matters that have occurred on the development some two decades later.

"We cannot comment on the individual case, as we have no knowledge of the issue, but our homes are built to the required building regulations at the time of construction, and to suggest otherwise without any evidence would be misleading to say the least."ports and the application to fell the trees was approved.”