COUNCIL chiefs have upheld a controversial decision to protect a walnut tree, despite claims it presents a serious risk to children with nut allergies.

Childminder Tania Grimwood says walnuts dropping into her garden from overhanging branches could cause a toddler in her care to suffer a severe reaction. Mrs Grimwood, 44, of Heather Close, Hordle, lodged an appeal against a Tree Preservation Order (TPO) obtained by next door neighbour Michael Moring.

But the district council has ratified the order, which means she must secure the authority’s permission before pruning the 40-year-old tree.

Speaking at a meeting of the council’s appeals panel, Mrs Grimwood said she needed to reduce the number of walnuts that landed on her lawn.

“One of the youngsters in my care could have a nut allergy and we’ve already had to turn others away,” she said.

Her husband Stephen said they were often visited by friends who had children with severe nut allergies.

He added: “The tree is very close to our boundary. We have a duty of care to minimise the risk.”

Liz Beckett, one of the council’s tree officers, said the TPO was issued amid fears that Mr and Mrs Grimwood planned to remove 40 per cent of the branches, a figure the couple disputes.

“It’s never been our intention to ruin the tree,’’ said Mr Grimwood. “We just want to control the situation.”

The couple was assured that the TPO would not necessarily prevent them from obtaining permission to prune the branches.

But Mr Grimwood replied: “I suspect that we’d like more of the tree cut back than our neighbour would. We’d come up against resistance every time we submitted an application.”