A builder's appeal for permission to fell a landmark Monterey Pine in Penryn has been turned down by the Planning Inspectorate.

Phil Ladd of W J Ladd had appealed against previous planning decisions which forbade the company from cutting down the tree at Vinery Meadow, where it is in the process of building several new houses.

Three planning applications by the builders had previously failed to secure permission to fell the tree, which is under a tree preservation order (TPO), with workers accused of having damaged it during the development process, and after the last rejection the developer took the case to appeal.

In the meantime, works were carried out in February to remove branches from the tree under a "five day notice" or dead and dangerous tree notice, which allows work to be carried out if a tree surgeon believes there is immediate risk to safety.

Planning Inspector Paul Griffiths said the tree "makes a very strong, positive contribution to the amenity of the area" and the planning history "make[s] it plain that the intention was always to retain the tree."

He added: "At that stage then, any risk involved in the juxtaposition was obviously deemed acceptable."

He concluded: "While the tree might be heading towards the end of its life, there is no good reason to conclude that its demise is imminent. It seems to me that once the housing scheme is completed and occupied, so long as the tree is inspected regularly, something that could reasonably be expected of whoever becomes responsible for the communal external areas that form part of the housing scheme, the risk posed by the potential for falling branches could be effectively managed. That way the tree and the occupiers of the housing scheme could happily co-exist, and the positive contribution the tree makes to the amenity of the area could be secured for the remainder of its life."

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