WYCHAVON District Council has confirmed a preservation order on a tree in Eckington despite leaving itself open to compensation claims.

Councillors made the decision on Thursday although nearby residents have claimed for many years that the cedar tree in the grounds of Holy Trinity Church could cause damage to their homes.

Council landscape officer Sally Griffiths warned in a report to the development control and licensing committee on Thursday that if the order was confirmed and the council refused another application to reduce the height of the tree, residents could later claim compensation for loss or damage.

But she said the risk of successful compensation claims was low because residents would have to prove that damage had been foreseeable at the time of the application.

The latest application to reduce the tree by five metres was in 2001, a month before the preservation order was served, when some residents raised concerns and a council officer carried out an inspection and said the tree was healthy. The application was refused and a month after the order was served, a second application to reduce the height was again refused.

The tree, which lies on the church boundary next to the pavement on the B4080 through the village, is now as tall as the church.

But the committee was recommended to support the preservation order on Thursday because of the minimal risk of damage to nearby homes being caused as a result of letting the tree grow.