A TREE next to a Winchester house must be preserved, councillors decided even though it is said to have grown too big.

Sarah Strangeway applied to cut down the liquidambar from the front of her house on Tower Street.

She told the committee the roots were damaging the paving slabs in the front garden and branches were banging against windows. Their house is so shaded they have to have the lights on all the time.

Her family had moved in at the start of the year and been told there would be no problem removing the tree as had happened with neighbouring properties. Mrs Strangeway said they planned to plant a smaller native tree.

She said she has three children and the tree is preventing them from fully enjoying the garden, the only one they have.

“It is a very small garden and the tree sits central in the space. It hasn’t been cared for and is taller than the house which is five storeys high. It has grown so high it has pulled up the paving stones and they had to be removed. The roots are now 12 inches above the ground level.”

But council tree officer Ivan Gurdler told the planning committee the tree was of high amenity value and worthy of a tree protection order. “There is no reason to fell the tree. There is no history of branch failure. Stronger reasons are needed for tree removal.”

Mr Gurdler said the tree could be pruned and the small garden would restrict the growth of the tree.

Cllr Jane Rutter said she normally supported TPOs. “It’s beautiful but it is in the wrong place. That tree should never have been planted in that position. Even with crown lifting and pruning it has got to take up space.”

Cllr Russell Gordon-Smith, a landscape architect, disagreed: “It makes a great contribution to the street scene. Caveat emptor. If you buy a house next to a smelting plant don’t start to complain about the noise. It’s rather foolish. It was fairly obvious it would be a problem. I am all for retaining this tree.”

The committee voted by six to two to agree to a TPO.

The liquidambar tree is a non-native species found around the world including China and north America.