A FRUSTRATED cottage owner is locked in a dispute with Bradford Council over £15,000 of damage caused by a falling tree branch.

Stuart Shackleton - who shares Cuckoos Nest cottage in St Ives, Bingley, with his family - said the authority was warned about the tree, planted on Council land, at least three times with teams insisting it was safe.

The Bingley resident was devastated when he found the tree limb had smashed much of his Grade II listed dove cote and shattered the nearby greenhouse.

But the Council’s insurers have insisted the authority is not negligent despite the evidence and warning signs provided by Mr Shackleton, a former forester for the Council, who noticed the tree was undergoing a natural process.

Mr Shackleton, who has been complaining to the Council about the tree’s weakening structure since July last year, said the whole process was hugely frustrating.

He estimates the damage will cost between £13,000 and £15,000 to put right and told the Telegraph & Argus: “I feel like I’m banging my head against a brick wall. I can’t afford to take them to court.

“I’m devastated.

“I thought the Council were here to help me.

“I’m devastated by the Council’s attitude. I did keep telling them. I could not believe it.

“It’s knocked the roof. It’s totally destroyed the greenhouse as well.

“Anyone who knows a thing about trees - when they get to a certain stage, they drop limbs.”

He added: “What they’ve decided is they’re going to take the tree down so that proves the point to me that they know it’s dangerous.”

The problem now lies in the fact that the family’s insurance policy does not cover outbuildings such as the dove cote.

When asked by the T&A for a response, Bradford Council said it would not be appropriate to comment given it is an ‘active disputed insurance claim’.

Mr Shackleton explained his battle so far: “Just a few weeks prior to the damage, I had sent them my last email. I’ve kept all emails for proof.

“The Council’s insurers have looked at all the evidence and have decided the Council were not negligent so that poses a question as to who is then. God? Unfortunately he won’t pay the £15,000 rebuild bill.

“My councillor, Paul Sullivan, has been helping me in the past and he feels I’m badly done by but he’s at a loss as what to do next. But I’m left with a £15,000 rebuild bill through no fault of my own.”

The owner recalls the feeling of “fuming” when he first saw the damage after 18 months of complaints.

The Shackletons inherited the historic cottage more than 50 years ago - all sharing a particular fondness for the “lovely old dove cote”.

He immediately called the Council’s woodland department who came out to the scene to clear the mess up.

Now, three months after the callout, their insurance claim has been turned down.

Mr Shackleton put in a Freedom of Information request to receive the full reports where it was found the tree had been listed as needing work ‘in the next couple of years to prevent further failure’.

Mr Shackleton said: “I contacted the Council on July 3, 2018 and July 12, 2018, specifically to let them know of the overhanging branch that I believed to be in a dangerous condition and that it would certainly cause damage to my property in the event that it broke off.

“The inspection was carried out around this time.

“This inspection identified that the branch still attached to the tree ‘may need a weight reduction exercise in the next couple of years to prevent further failure’ although no work was carried out.

“I believe that the inspections that were undertaken on behalf of the Council were inadequate and have failed to properly address the issue.”

He believes this problem was easily preventable by safely removing the overhanging branches that he had highlighted as a potential problem.

In response, a spokesperson for Bradford Council said: “As this is an active disputed insurance claim it would not be appropriate to make any comment at this time.”