PENARTH Town Council is set to challenge the Vale Council’s refusal to remove a tree outside West House as councillors believe it poses a risk to the path and structure of the building.

After the town council applied to remove the “Robinia” tree to the left of the main entrance to the building on Stanwell Road the Vale of Glamorgan Council served a Tree Preservation Order (TPO) preventing the work from going ahead.

The town council had applied for the removal of the tree as its roots were breaking up the paths around West House, and councillors were concerned that the roots were blocking the drains and could damage the structure of the town council offices.

The town council had sought the permission as West House lies within the Penarth Conservation Area.

But the Vale Council imposed a TPO that prohibits the town council from “cutting down, topping or lopping the tree (Robinia) specified without the prior consent of the council having been obtained”.

The Vale Council’s TPO is of the opinion that “because the tree does not appear to be causing a significant problem with the building per se and it is a fairly visible large attractive tree scoring highly using a systematic assessment of its worthiness it should be subject to a TPO”.

Deputy town clerk Keri Hutchings said the tree, which is in a conservation area, was “getting into the drains and causing trouble” and was getting “bigger and closer to West House”.

Councillor Gwyn Roberts, who represents the St Augustine’s ward, said: “If it’s damaging the drains of this building we will have to prepare to take it down. It seems that we must prove the case that it should come down.

“We should appoint a horticulturalist to do further examination. If it’s not doing further damage it’s safe.”

Councillors Mark Wilson, who represents the Stanwell ward, added: “We need to discuss it with our insurers. If we don’t do a duty of care to our own building we might not get insured. We need to ensure the integrity of the building.”

He added: “Many of us love trees in Penarth and maybe the town council should look into whether the tree and path could co-exist with us.

“It’s all about balance, but we have got to be responsible for this building.”

Councillor Gwyn Roberts added: “If it comes into the building we could have the building damaged by it. If we challenge the TPO on the side of the path I don’t think we will win.”

He added that Penarth residents often complained about “uneven pavements” caused by tree routes, but they also complained when trees were cut down.

Councillors agreed to appoint a horticulturist to investigate whether the tree was causing damage to the drains and building.