ATTEMPTS to remove the legal protection covering a 90-year-old Horse Chestnut tree in a conservation area have been toppled by Poole councillors.

Borough of Poole’s (BOP) planning committee ruled against withdrawing the Tree Preservation Order (TPO), despite it being subject of an application backed by 17 residents of 13 nearby properties.

Married couple Sarah and Ben Baker had applied for the preservation order to be overturned - thus clearing the way for the removal of their horse chestnut which towers over the back garden of their Sandbanks Road property.

Addressing BOP planning committee members on Thursday, Mrs Baker explained the property had been purchased as a family home and they wanted to “enjoy the house and the garden to its maximum potential.”

She argued the tree was far too big, its branches hung over neighbours’ fences and restricted access to a bridle path.

Mrs Baker also said the tree posed a “possible risk in its current condition and had limited amenity value to the area.”

She added. “We would be willing to plant another tree but in a more appropriate position and size.”

While the committee agreed the tree was indeed far too big for the garden, they voted to retain the existing TPO. However, they gave a strong indication that any future application to lop back the Horse Chestnut would be met favourably.

Earlier, BOP Tree Officer James Roberts said:”Veteran trees like this should not be removed without good reason. The tree is around 90 years old and it would be able to live for another 20 years.”

However, the Bakers disputed this figure - saying the independent arboricultural report they had commissioned gave an estimated a lifespan of only another ten years.

Mr Roberts told the committee the TPO did not prevent “reasonable” works being carried out to the tree.

Cllr Les Burden, who initially conceded the horse chestnut was “far too big for the garden,” later said “we would have far better control of this tree if we had the order in place.”

Meanwhile, Cllr Elaine Atkinson, who abstained from the final vote, said: “I’m trying to envisage the tree in full leaf - it would cover an even much larger area.

“I think it has had a long and very useful life. I personally cannot see why we should have that tree in that area preserved.”

Cllr Ray Tindle said: “The tree is too big for the garden. It needs to be lopped. It is enormous.”