Swing is against health and safety, says council

9:48am Saturday 2nd August 2008

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A couple have branded parish councillors spoilsports for ordering the removal of a swing from a tree opposite their home.

Sally Reynolds, 34, and her 35-year-old partner Chris Panter have been told the swing, on a sycamore on Gargrave Green, is against health and safety rules.

A letter from the parish council signed by clerk Tony Cockshott instructs them to remove the swing, which is fastened to a large branch, "forthwith".

Mr Cockshott tells the couple, who have three children between them, the trees on the village green are the responsibility of the parish council. "To attach a swing may cause problems with health and safety. Should there be an accident, the parish council would be liable," he writes.

He says he understood a branch had already fallen from the tree and the couple may have to pay if the council had to employ a tree surgeon to make the tree safe due to the attaching of the swing.

Mrs Reynolds, who is expecting twins, was staggered to get the letter after six weeks of enjoyment by the children.

"I think it is very petty - it's not that we leave it down. It's always put back high in the tree so that it can't be used without our supervision," she said. "Even our elderly neighbour, Bill Mitton, isn't bothered by it. He thinks it's great to see the children enjoying themselves."

She said there was also an element of hypocrisy by the council in claiming that it was a health and safety issue.

"Regardless of whether we are using the tree, shouldn't the council be concerned about it anyway, given that a branch has already fallen off?" she asked.

She said the children were an easy target, though the council failed to get tough with travelling people when they camped on the green - contrary to the bylaws - and left a mess. "They remove the large boulders which are there to stop vehicles going on the green. And they charge up and down on their quad bikes - nothing is done then," she said.

Coun Andrew Wood, chairman of Gargrave Parish Council, said they had acted after a complaint by a resident.

"We don't want to be spoilsports, but we have a duty to look after the trees and don't want to encourage people to use them for swings."

He said travelling people had a right to stay in the village for one night on their journey to Appleby and once on the way back. "They do overstay, but it's futile getting an injunction because by the time we have gone through the process, they will have moved on," he said.

"We give out rubbish bags when they arrive and clean up after, put the boulders back, cut the grass and tidy up. We have to accept this when living in the country."