A WOMAN has defeated a council's attempt to make her responsible for a tree she says is dangerous and needs to be cut down.

Patricia Counsell, 48, said that Hyndburn Council had tried to put an order making her responsible for a 14-metre high ash tree in her garden.

The authority had already put a preservation notice on the tree because they felt it improved the neighbourhood, even though she claimed it was in danger of falling down.

The order would have made Mrs Counsell, of Bailey Street, Clayton-le-Moors, responsible for any damage it caused.

"It has a frightening lean and it's just a matter of time before it causes thousands of pounds worth of damage or worse," she said.

The council's decision was overruled by the government, which said that although it supported the council's decision not to fell the protected tree they could not not make Mrs Counsell responsible for it.

Mrs Counsell said that in the 18 months she has lived in the end terrace cottage she has seen the tree's roots lift up her drive's flags and damage a wall as well as threatening a neighbour's guttering.

She said the tree has developed a frightening lean towards her neighbour's homes and across her drive which stops her getting out of her van.

She said: "I went through the proper channels, I asked for it to be felled because it was damaging a wall and my drive. We have another tree in our garden removed in February because it was diseased, but the council will not budge over this one.

"We have just received a letter from the North West Government Office saying that they agree with the council's decision not to remove it, but they said the council is financially responsible if anything goes wrong and not us.

"The tree needs to be removed before winter comes and the high winds blow it down. It's just a matter of time before it falls down."

Steve Tanti, strategic director of community services for Hyndburn Council, said: "Tree preservation orders are issued to protect trees for the landscape, environment and the public's enjoyment. Their purpose is to help protect trees that have 'special amenity value'.

"The council aims to preserve the landscape of the borough, and as the houses in Bailey Street are primarily without front gardens, the preservation of the large mature tree on Mrs Counsell's property is seen as being of environmental importance to the area.

"Applications to fell protected trees are considered on their individual merits. In this case the Secretary of State agrees with the council that the tree should not be felled, but does not agree with the level of landscape value that the council places on the tree.

"Tree Preservation Orders protect individual or groups of trees from damage or felling without the local authority's prior consent.

"We would therefore advise anybody considering buying a property to fully investigate whether there are any tree preservation orders in place, prior to signing contracts."