A RARE tree has been felled and several other old specimens destroyed in a breach of planning condition.

Three Rivers District Council is now considering taking legal action against the owners of 12 and 14 Spencer Walk, Rickmansworth, after 18 trees, including a half a century old, 40 feet high tulip tree, were cut down at the weekend.

Mr Gordon Richards, of 16 Spencer Walk, claims he warned his neighbours the trees were protected. Despite this, they proceeded with the work.

But the owner of 12 Spencer Walk, who wished to remain anonymous, said he had no prior knowledge of the planning condition and, by the time they were informed of it, the work had been done.

He said: "I had no idea the neighbours were going to make such a big fuss."

He claims the trees were "quite dangerous" and that he decided to cut them down after his son cut himself on one of them. He is planning to plant new trees in their place.

He said: "We are speaking to the council, we are going to sort this out with them."

A council spokesman said the trees were not covered by tree protection orders but, when planning permission was granted last year for the houses, part of a three dwelling development, a condition was added in order that the trees were retained.

The spokesman said: "The planning condition stated no works of any type were to be done to any surrounding vegetation without council approval."

He said that because the occupiers were in breach of planning conditions, the council was considering enforcement action, which could result in an order to replant the trees or a fine.

However, Mr Richards said such measures would not compensate him.

He said: "I doubt whether it can ever be replaced in my lifetime. The garden has been altered, it has lost its seclusion. Its beauty has been plucked out. The site is now devastated.

"To me, everything I had in terms of my garden on that side is destroyed and there's no redress in law at all."

August 23, 2002 14:30