A builders attempts to chop down a protected tree despite repeated planning refusals have sparked outrage among residents of one Penryn neighbourhood and attracted the condemnation of local councillors.

An appeal has been launched after Cornwall Council rejected a third application to fell a large Monterey Pine which stands over a new housing development in Vinery Meadow, and which tree officers say is both healthy and of high visual value to the town.

Housebuilders WJ Ladd say the tree is dying and unsafe, with falling branches, and removing it would also allow four extra parking spaces to be created, but council tree experts say it still has years of life left and building workers have caused damage to the tree and its roots.

Permission to fell the tree was most recently refused by Cornwall Council in November, and Falmouth Town Council had also objected to the request.

At the November meeting of Penryn's planning committee, Councillor David Garwood had called for the builders to be fined for "the damage they have done," while Councillor John Langan said it was "pure vandalism."

Now the developers are appealing that decision, following a process which does not allow for further comments from the public.

But a group of local homeowners, the Vinery Meadow Management Company, has written to the council to protect the tree, which they say is "of visual importance to the residents of Penryn."

The residents say the developer's claims the tree is unsafe are untrue, and added: "The damage you can see, they ripped it with their machines. They ripped off branches."

They added that a fence which is in place to protect the tree only went up "a couple of months ago" and before that diggers were running over the root system, while debris was piled up at the base of the tree and a fire was even started next to it.

They added: "It's just their claim that the tree is unsafe, which it's not. We all feel really strongly that it should be protected."

Penryn town councillor and qualified tree surveyor David Garwood went to look at the site on Wednesday, and said he was sure the tree "could live a happy, healthy life if the abuse it is receiving stops. Unless the developer is taken to task though, there's not incentive for them to change course.

"They shouldn't be allowed to get away with it."

He added: "As a council, we will continue to oppose the felling of this tree. We have previously insisted on site inspections from the relevant authority and they shared our concerns."

Phil Ladd of WJ Ladd said the tree was rotten and three surveys, as well as the most recent which he had commissioned, had all said it needed to come down, and accused the council of not having been to site to see the tree.

He said: "Limbs are falling off.

"We came in and there were half a dozen branches ripped off and fallen down."

He denied damaging the tree and said falling limbs had almost hit machinery and it was only a matter of time before someone was hurt. He added car parking spaces which had been approved for near the tree, while cutting the tree down could allow four more spaces to be added.

He said: "It's only a matter of time until we get strong winds, limbs fall off and smash someone's car or hit someone. It's an accident waiting to happen."

Mr Ladd also said the tree had "about five or ten years of life left," despite a council tree officer's report stating its age had been overestimated.

Cornwall Council tree reports have assessed that the tree is in good health, apart from damage done by the developers, and has many years left, while a management programme could prevent risk from falling limbs.

A council spokesperson said: "Unlawful works to a protected tree is a criminal offence which can be dealt with through the courts."