Father faces £85,000 court bill after suing his local green-led council for 'letting a dead tree destroy his garden'
A father who unsuccessfully sued his council over a dead tree that 'destroyed his garden' has racked up an £85,000 bill in court.
James Williams repeatedly warned the Green-led authority in Bristol that the 30ft ash in public allotments next door needed to be felled.
It was only when the tree came crashing down - smashing through the family's newly completed swimming pool, trampoline and summer house - that the council 'promised to cut it down'.
The father-of-four, who works as a school caretaker, has claimed his family would have been killed if they were inside the pool at the time.
His home insurance only covered £3,400 out of the £28,000 of damages to the garden in total, he said.
But the court decided the council was 'not liable' for the damages - because the council worker's decisions over the tree were 'competent' and 'appropriate'.
This left the 45-year-old more than £85k in debt - £8,000 quoted for garden repairs and £77,000 owed to the council in court costs.
He said: 'We could have been killed by it if we were outside - I still have nightmares about it.'
In May 2019, a representative from Bristol City Council visited the family home after Mr Williams' wife, Leanne, 43 reported that large branches from the tree in the council-owned allotment were falling into their garden, he said.
'They came out, looked at it, and promised to cut the tree down,' Mr Williams claimed.
A month later, Leanne made another complaint after hearing the tree might have had ash dieback disease and that it was 'dead'.
The council's tree officer visited again in June, and in their assessment said there was 'die present in the upper and middle canopy'.
But that there were 'no other signs of significant disease' - and 'no imminent risk of failure to the stem of the tree'.
The tree officer suggested the tree should be 'monolithed' that September.
This involves the removal of all the branches and the reduction of the tree trunk to a height of four metres or less.
Despite these assurances, the tree was never felled - or monolithed - and it became an increasing worry for the Williams family.
On October 3, 2020, the tree fell.
'We were literally going to fill the pool that morning to use with our children - I still have nightmares about the fact that if it had held on for another 12 hours, it may have killed us all as we would have been in the swimming pool,' he said.
Commenting on the fall, Leanne, a stay-at-home mum, said: 'It was like a scene from The Wizard of Oz.
'The pool and trampoline had been completely crushed and there was smashed glass and wood everywhere from the summer house.'
Initially, Bristol City Council sent someone round to remove the tree and admitted liability, Mr Williams said.
However, a few hours later, he alleged that a council member, the same one who assessed the tree months prior, arrived and denied the council's responsibility, attributing the fall to a storm.
Mr Williams was left 'furious' and said the garden had been 'basically ruined.'
He lodged a civil claim at Bristol County Court against the council which went to trial in February this year.
The Williams claimed the tree officer sent to the property was 'negligent' in their assessment in that they did not decide to undertake further 'urgent' investigations.
Despite this, the judge was 'not persuaded' that the council's tree officer had 'missed anything visually', according to the court's judgement.
The judge further stated that the decisions made by the officer were within 'a range of reasonable decisions' a body of tree officers would regard as appropriate.
Subsequently, the case was dismissed and the council were deemed not liable.
The ordeal has reportedly been stressful for Leanne and her two children from a previous partner, Sienna, 15, Scarlett, 12, as well as Mr Williams and Leanne's children Emmi, four, and baby Maya, one, all of whom live in the same house.
Leanne had only just given birth days before the tree came down, with it also being during the peak of lockdown.
'It was the worst possible timing to not have a garden,' Mr Williams said.
'We were going to fill the pool that day - I got up early in the morning, and when I looked out, it was a shock.'
'The tree had hit the wall of our daughters' bedrooms, It has all been a nightmare.'
Four years later, Mr Williams said: 'The garden is still dishevelled and we've started clearing away the brambles and debris.
'But considering we now have to do this all on our own, it's going to take even more time.'
Bristol City Council declined to comment.
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Daily Mail
14 hours ago
- Daily Mail
EXCLUSIVE The reason our city is the happiest place in Britain: Locals reveal why their community scores highest on happiness index - and why life is not ALWAYS perfect
Residents of one of Britain's happiest places have revealed just why they are so chipper - and how the UK's most glum cities can make their lives a little bit brighter. New data released by the Office for National Statistics has revealed Britain's happiest region was the South West of England - with residents living in the mainly rural area. Zones consisting of Cornwall, Dorset, Devon, Bristol, Gloucestershire, Somerset and Wiltshire, scored an average of 7.6 on the happiness index. And more than a third of residents reported very high levels of happiness, scoring between nine and 10. Bristolians who had fled the hum-drum and concrete of London and Birmingham said they had finally found peace in the green utopia of Bristol. Young and old agreed with the survey that it was a 'wonderful' place to live, filled with relaxing green parks and grassroots music gigs. And while they said the city was not perfect - with shocking gang crime incidents and struggling highstreets - they said that they were blessed with the huge number of trees and green spaces that pervade the bustling city. Sue Elvidge, 67, said: 'I love Bristol. I've lived here over 30 years. I think I have seen a decline in the last 15 and I'm finding it a bit depressing that The Guild has closed, The Boston Tea Party has closed, lots of good places are closing - I think Bristol City Council hasn't got the rates right. 'We are seeing a lot of closures which is sad. On the other hand, we are really blessed with our trees. We've got many magnificent, mature trees.' The retired Citizen's Advice Bureau administrator added: 'I'm very lucky. I live in Cotham which is very green.' She added that the city was unique in its acceptance of others - leading to increased self-worth among residents. Sue continued: 'We trust each other in Bristol because everybody's a little bit independent, so nobody's looking at everybody else and thinking: 'You're the bigot'. I find it quite refreshing in that way. 'I do know some narrow-minded people but few and far in between. I'd say having so many students around helps. It's a happy place to live. 'I've visited all sorts of other places and apart from access to the sea - which would be lovely - there's nowhere I'd rather be living.' The North East, North West and West Midlands jointly claimed the bottom slot in the happiness rankings, with residents getting an average score of 7.3. Elaine Gray moved to the city from Northern Ireland and quickly fell in love with its resources for young families. The primary school teacher, who lives in Knowle said: 'I think it's very family-friendly - there is lots going on for kids and a nice community feel. 'Even though it's a big city, you bump into people you know a lot, people are very friendly and it's very international. We have people from all over the world and it's very diverse. 'There are lots of intergenerational things. It's a very accepting place. People are free to be themselves. 'There is the pressure and stress, trying to cut back on costs. You do feel more limited on what you can do and have to work more, so spend less time with family.' She was lucky to buy a new-build house with a help-to-buy scheme surrounded by a community of young families. But the 37-year-old mother to Alexander, two, said: 'There can be tension between the new community and the old ones. That can be an issue and we've had that a little bit. 'I've been to lots of mum's groups and walking groups and lots to get involved in. There are so many groups for mums, babies and toddlers and I really value that for making friends too. 'People are happy here - there are the usual stresses of life and they're often far from their families because they've moved from far away but that's why they need more community around them.' Her mother Marjorie, 71, a retired teacher, added: 'There are lots of parks. Everybody is very helpful and very nice.' Average happiness scores are on the rise in the UK, after scores dropped to 7.39 in 2022/23—the lowest figure logged since the pandemic. Interestingly, levels of happiness tend to increase as people get older, with 70 to 74-year olds obtaining the happiest scores. The West Midlands is home to the highest number of residents who reported very low levels of life satisfaction, with nearly one in 10 residents ranking between zero and four. The average UK anxiety levels meanwhile have remained the same between 2023 and 2024, hovering at around 3.2. Apart from the year Covid hit, this remains the highest figure on record. Residents in the East Midlands and London saw the highest levels of anxiety last year, from October to December, with over a quarter of East Midlands residents ranking their panic between six and 10. In Bristol, worries about gentrification and prices rising did not manage to sour residents' joy. As well as people flocking in from across the country, they noted those growing up in the area often chose to return to their beloved city. George Dinsdale said being able to contribute to the community brought her satisfaction she hadn't found in London. She said: 'I love living here. I think that Bristol especially is so wonderful and that everyone is really lovely. 'We have a lot of green places - especially South Bristol, which is underrated - and we've got a lot of access to green spaces. 'If you want to find a happy place, go to Redcatch Community Garden. It's the happiest place in the world. I work there and it's such a beautiful community - people of all ages and denominations, backgrounds. 'I think that community here is really integral and one of our big things is tackling social isolation, especially for older people. 'We have a community lunch, crochet group, regular over-fifties discos - it's so much fun, it's the best. 'I feel like people move to Bristol because they want to find a similar vibe to themselves and a lot of people come here because they know this is the sort of vibe people give. 'It has a personality. People are individuals. Especially in South Bristol, the intergenerational community is really important. It's great. It's the people that make it.' The 29-year-old admitted that rising prices and gentrification did cause underlying issues with happiness in the city. They feared people could be priced out of their homes by growing demand as people rush to take advantage of the city's more relaxed nature. George said: 'We are really lucky because I live by a nature reserve and don't pay extortionate but some people are paying London prices. 'From what I've heard, gentrification is a problem. I'm part of the problem because I moved from London and I feel like there is a bit of responsibility but it's so hard to live in London these days, it's so expensive. 'We need more community projects to help people with the cost of living. We have food networks in South Bristol which work together on projects to help people with food insecurity so that tackles some of that problem. 'Often that's the way - where Governments are failing, the people come together, and that's really important. I think Bristol brings that community that isn't just on the surface level - it's real help people are needing which is very practical.' The cafe events and marketing assistant for Redcatch Community Garden said people were able to be themselves, which increased people's sense of self-worth. George, who is also a scientist and DJ, added: 'I think the LGBTQIA+ community in Bristol is just incredible. I'm queer myself and have many trans and gender non-conforming friends as well. 'Especially Central Bristol - South Bristol is catching up. I have a lot of openly trans friends who older people are starting to see as part of the community. It's a fear thing and not understanding but now they know this is just who this person is and they're understood and loved and cared for just as every human should be. 'The queer scene in Bristol is brilliant. I love it and I love queer people.' Clare Hensman, 62, has lived all across the country - and said there are issues with Bristol, but they were outweighed by its charm. She said: 'I moved here about 30 years ago, having lived in Cambridge, London and Birmingham and I would say it's happy. 'Part of it is people don't move away much. The Bristol thing is to stay here; if they go away, they come back. I'm unusual but I was welcomed into the community. 'I like the fact that we're in the city but five minutes drive, you're in the middle of nowhere. 'You don't go very far before you see places where people go on holiday. 'I'm driving down these streets for work that I used to visit for holiday and think: 'God, I'm living here'. 'It's so small even for a city. You're never far from green. Most people are happy.' But she said there was an increase in violence and knife crime in Knowle and said people worried about it. Ron Tilley, a retired service engineer, said people in the city were treated with 'respect' - unlike other places, where the 'older kids were running around'. The 75-year-old added: 'The kids were have seen grow up are now taking their driving lessons.' He was grateful for access to medical facilities - and that his view, looking out over the valley, made him happy. Ben Russell, who lives in Bedminster, said: 'I think generally there are a lot of happy people here. Obviously, it has its downsides too but Bristol as a place has lots going on. It's got a really vibrant, amazing music scene, it's great for grassroots music venues and there is a lot that keeps people happy. 'Especially in the creative scene, Bristol is really well-supported and there are a lot of great communities around that come together and work on things. It's a great space. The 27-year-old chef said: 'There are still problems with drugs and littering and the general things that happen in every city but it's unavoidable when you have lots of different people move into one space with different views and identities and not everyone has the same standards of life and wants to live in the same way. 'That's just a by-product of having lots of people in one place. 'In Bristol you have a lot of opportunities to express yourself and be who you want to be and it's very welcoming. I've never had any issues here really.' James Ozann, a 26-year-old pilot, moved from Bournemouth about a year ago and finds it a 'happy place'. He said: 'There is loads to do - loads of pubs and events. I'm not really political but I like the community events like Love Saves the Day. The free festivals around the Harbourside are good as well. 'People are happy because they have a lot to do and there's a good sense of community - those two together.' He - like many of the happy community - says he sees himself staying for the long-term. But while Plymouth in Devon boasts beautiful beaches and landscapes, many locals said the city isn't as happy as it seems - with the biggest attraction being its proximity to better seaside destinations like Cornwall. Brian, 52, who is in an aircraft engineer, told MailOnline he has lived in Plymouth for 20 years but is moving to Portsmouth in part to escape the 'joyless' city. 'At the moment it's depressing because all the shops are shut and you can't find anything because they all sell the same stuff. People are hardly coming into town anymore…it's become a ghost town in the last six years. 'It's just been dwindling away, there's no reason to come into town and most people try and avoid it these days. 'People are probably going out of Plymouth and elsewhere. You look at it and it just looks run down and neglected.' He added he was 'very surprised' to learn that the area is said to house some of the happiest people in the UK. 'When you walk around there's not much joy and not much to inspire people to do to be happy. It's plain and boring living in Plymouth.' He says it has changed 'massively' in the two decades he has lived in the seaside town. 'When I first moved down here you had a variety of anything you could find, there was life here and a hustle and bustle. Over the years it's just got progressively lower and lower. Now you look around, it's all the same shops everywhere and half of them are shut.' Friends Mary Jeffery, 62, and Jackie Cockell, 60, have lived in Plymouth for their entire lives and agreed the city has lost its charm. Ms Cockell said: 'The worst thing they ever did was making it pedestrianised because when it was the original Plymouth and you had cars going up and down every street, you had loads of shops you could go to and this place was a hustle and bustle. It was packed all the time. 'There's nothing here for tourists except for The Howe and Cornwall which is right on our doorstep.' Ms Jeffery said that the culture has 'died' over the years. We've got nothing to offer here, nothing whatsoever.' The pair added it's 'very sad' to see the city crumbling away. Ms Cockell said: 'Back in the day nobody had nothing and I think everyone was happier, with Ms Jeffery saying 'we used to leave our front doors open without anything happening but you can't do that in this day and age.' There's more antisocial behaviour and 'no respect,' says Ms Cockell, 'I worry for my grandkids.' The friends said that Plymouth used to be 'very vibrant' and 'like a community'. Ms Jeffrey said: 'It's not like that anymore, it's very separated. You knew your neighbours, but everyone hides behind their door now. It was never like that back in the day.' For young people like bricklayers Jay Ware, 22, and Brendan Cox 24, the derelict streets of Plymouth have left them with little night life to enjoy with their friends. Mr Ware said: 'It's lovely in the sunshine, we've got plenty of beaches around us. I like to get outdoors and do a bit of camping and fishing,' but he admitted there is not much to do for people his age. Plymouth has garnered a reputation of anti-social behaviour and drug-taking. The urban location is also no stranger to boarded-up shops, tatty buildings and unexciting high-street chains, such as B&M and Poundland. 'The run down buildings should be put to use. There's history there and you'd want it to be maintained and brought back up to be used as something instead of just sitting there, wasting away in the rain. 'It can be quite ugly but Plymouth has its ups and downs, it welcomes everyone,' said the 22-year-old. 'Union street used to pop off years ago. It's a bit depressing going out and there's not much to do. All the nightlife is just dead now. You can rarely go out in Plymouth, there's just nothing to do around here anymore. 'It's not looking that nice really, I'd love to see them back open to get some good shops, nightlife and pubs. Mr Ware said: I don't think it holds its special place anymore. It used to feel quite homely, but nothing goes on down here.' The pair said they hope to move out of the city and don't advise anyone moves there. Couple Leon and Jackie, in their 50s, say they are happy with their lives in Plymouth, but were surprised to learn Devon was rated so high on the happiness scale. 'We're happy enough, Plymouth is alright it's not as bad as people make out. Everybody looks at the negative side of things. 'It's a bit run down, but we've been to other cities and they're not much better. You just get on with your day,' said Jackie. Leon added: 'It's a financial dead end, the town and money is mismanaged. They should be investing in the people as opposed to shiny schemes.' When hearing that a study found Devon had scored as one of the happiest places in the UK, he called it 'bold'. The couple said Plymouth had become increasingly diverse over the years, with 'more migrants' coming to the area. 'It's very hard not to be rude about things but we're quite easy going and you've got to get on with your life,' Jackie added. But for others, the port city isn't so dreary. Sharon Hobbs said: 'Well I'm very happy living here. My favourite part is the Hoe and that's why I like it. ' The pensioner has lived in Plymouth for 67 years and says life is better there now than when it once was, with more coffee shops to frequent with friends. Being only an hour's drive from Cornwall and just 20 minutes from Dartmoor National Park were some of her favourite things about the city. Despite a run down city centre, Ms Hobbs said it didn't make the city worse than the rest of the UK: 'It's sad, but it's the same as other places I've visited in the UK, pretty much most of them have got boarded up shops.' The biggest issue for her was how far away it is for others coming to visit: 'It's too far away from airports. People say when they're coming to visit us, "we've reached Bristol, it's a long way to go, we've reached Exeter and it's still a long way" - that would be my main drawback.'
BBC News
3 days ago
- BBC News
Green spots on Bristol residential street are for 'traffic calming'
The mystery behind a series of large green spots that appeared on the surface of a residential street in Bristol earlier this week has been described how dozens of the markings"popped up" seemingly overnight on Greville Road in City Council said that they are part of a traffic calming measure but have not explained how they calm traffic."Local residents were consulted in 2023 but this part of the project needed to wait until the road was resurfaced, which took place as part of our citywide maintenance recently," said Councillor Ed Plowden, chair of the transport and connectivity committee. "The project is similar to several other creative traffic calming schemes in South Bristol and has also included the installation of planters," he added."Creative road marking has been used for several years right across Bristol."The council have not commented how the green spots work as a traffic calming measure. 'Very Bristol' The spots appear in three clusters in the middle and at each end of the road and range in size from around 30cm (1ft) to 1.2m (4ft) were initially surprised to see the spots but reactions were broadly positive."They seem quite cool, anything that's colourful is nice," said local resident Brook Morris."It's just very Bristol. The city is very creative so this is nothing unusual," said fellow resident Caggs residents suspected they were a traffic calming measure but questioned their effectiveness."I don't think it will make much of a difference," said Claire Ogden."I wonder if they're maybe waiting to paint little frogs or lilies or something else on them?"
BBC News
3 days ago
- BBC News
Bristol City Council to seek injunction over Downs van dwellers
Bristol City Council says it is "taking proactive steps to apply for an injunction" to prevent people living in vans on a popular public green approved, the injunction would apply to the grassed areas of Durdham Down and would allow officers to move pitched vehicles off more of the vehicles currently on The Downs would be exempt as they are parked on adjacent Barry Parsons said he recognised the challenges an increase in van-dwellers had raised, and said the council was looking at solutions which worked for all parties. "Fundamentally we want to make sure that all communities, including those living in vehicles or caravans, and those in homes in neighbourhoods, have a meaningful and fair chance to live healthy and safe lives. "This means we need to take action on a number of fronts to make sure we are balancing the needs of everyone, whilst prioritising our efforts where the need is greatest," he said. A similar injunction, which expired last year, was previously in place in the in 2023, an injunction was imposed on people living in vehicles in Greenbank, east council estimates there are currently between 640 and 680 lived-in vehicles and caravans across the city, which does not include the number of transient Gypsy, Roma and Traveller groups who visit Bristol throughout the local authority said it was "supporting those living in vehicles to remain healthy and safe and have the support needed to move into more settled accommodation".Its longer-term plan is to create up to 250 spaces for people living in vehicles on land which is due to be at the site would have access to facilities like running water and toilets, as well as health and wellbeing support, it Parsons, who is chair of the council's Homes and Housing Delivery Committee, said the ultimate goal was a "single policy, co-designed with communities and van dweller groups, reflective of the various challenges and views associated with this growing issue". Between 200 and 300 people gathered on The Downs on Thursday evening for a protest walk to "highlight the impact of council inaction on public wellbeing"."We're here to show our strength of feeling to the council that this is a situation that can't be allowed to continue," said one supporters of the van dwelling community were also in attendance."I feel like a lot of people here own their own homes and benefited from the post-war economy where you could be a postman and buy your own house or have a minimum wage job and get a mortgage - that dream has gone," said Matthew Strange."I wish some more people would understand the context by which these circumstances have arisen," he added.
