RESPONSIBILITY for what are claimed to be dangerous dead trees bordering a Washford public footpath remained unresolved this week after Somerset Council denied owning the land alongside the West Somerset Railway line on which the trees stand.
The council’s response came after one of the trees crashed onto the footpath beside the Castle Mead housing estate during the recent Storm Darragh, making it unusable and damaging property.
Residents claim that they had warned the council for two years that the three large trees, suffering from ash dieback disease, were a serious safety hazard and should be removed but said that all pleas had been ignored.
The council claims that although it owns the railway line and the top half of the embankment it is not responsible for the bottom half on which the trees stand.
Pat Howard, whose garden is next to the footpath, and whose fence was damaged by the fallen tree, said: “The council doesn’t wish to look for the owner of the trees. We have told them the path is blocked so why haven’t they put safety signs up?”
Mr Howard said few people would know that there are large dead trees next to the path. “If someone is killed or injured if the remaining trees fall, it could be argued that the council would be liable because they have now formally acknowledged the danger.”
A Somerset Council spokesperson told the Free Press this week: “We understand people’s concerns - this is one of hundreds of incidents which occurred during Storm Darragh. Somerset Council will address the fallen tree blocking the footpath as soon as possible.
“The council unfortunately does not have the resources to trace the private landowner of the unregistered embankment to try to address other private trees that may fall in the future. Our advice to the public is to stay away from paths through or adjacent to woodland areas during periods of high winds.”
A spokesperson for Old Cleeve parish council said the fallen tree had been reported to the county council’s rights of way team with a request that it be removed from the footpath.
The spokesperson added that a Somerset Council official had previously offered to find the modification order for the footpath in an attempt to ascertain ownership but had since left. The rights of way team had now been asked by the parish council to “reinvigorate their investigation.”
“If Somerset Council don’t own the land, they can’t ensure the stability of the lower part of the railway embankment. But, irrespective of ownership, they must surely have the powers to ensure walkers can use a public footpath without the risk of trees crashing down on them, causing serious injury or worse.
“If the other trees collapse, the council will find the resources to remove them. Wouldn’t these resources be better spent on prevention?”