Family with epileptic son fighting ‘devastating’ prospect of losing 200-year-old oak tree

A Devon family has said it would be “devastated” and possibly forced to move if a 200-year-old oak tree is removed from their garden.

Linda and Scott Taylor Cantrill are fighting to keep the oak tree in their front garden at their home on St John’s Road in Exmouth, not only because it has a tree preservation order on it, but also because of its vital role in their son’s physical and mental wellbeing.
The pair’s 11-year-old son, Redd, is registered deaf blind and has epilepsy, and the tree provides essential shade that allows him to play safely outside without being in direct sunlight.
That is deemed important by his parents because the prospect of someone with epilepsy having a fit increases in the heat, and so the shade stops Redd getting too hot when playing outside.
The family had to remove more than 20 trees from their back garden in 2023 at the behest of their insurance company, meaning the oak tree at the front provides the last remaining shade on their property.
Now an application to remove the tree has been submitted by Property Risk Inspection on behalf of the Taylor Cantrills’ insurance company, LV= General Insurance, which is owned by Allianz.
The Taylor Cantrills state the insurance company believes removing the tree will solve subsidence issues at the property, however, the couple believe the evidence to back this up is distinctly lacking, do not believe the tree’s roots are long enough to be disturbing the house’s foundations, and feel there has been insufficient monitoring of movements of the house.
The pair don’t believe the tree’s removal will positively impact their property’s subsidence issues, and instead suggest an injection method that would reinforce the soil below their property would be a far more robust approach.
The Taylor Cantrills hosted a demonstration at their home this week (Wednesday 16 July) aimed at raising awareness of their plight, and they told the gathered residents that there had been 97 objections against the planning application and a petition with around 805 signatures on it seeking to ensure the tree remains in place.
“We’re really overwhelmed with the support we’ve been shown,” Ms Taylor Cantril, who was an engineer before becoming a full-time carer for her son,said.
“I think it proves everyone is as passionate about this tree as we are.”
At the end of her address to the gathered crowd, she added defiantly: “They will never take this tree, we are up for the fight and we thank you all for being up for the fight too.”
Mr Taylor Cantrill, whose career has been spent in construction and architectural surveying, said he did not think the assessment by the insurance company or some of its contractors had been robust.
“I’ve sent their evidence to my colleagues and asked them for an honest take and everyone agrees they haven’t done their due diligence,” he said.
He added that the family only learned of the application to fell the tree from a neighbour.
“She showed me the letter a week after it had been registered,” he said.
Although the tree has a preservation order on it, councils are now at a disadvantage in terms of rejecting applications to fell such trees following a law change.
Previously, councils could issue so-called article 5 certificates, which removed their liability to pay compensation under the order.
But, campaigners claim that if Exmouth Town Council refuses the application, there is a risk that it could be taken to court to fight an expensive battle to defend its decision.
Councillor Dan Wilson (Independent) represents the Exmouth Halsdon ward on the town and district council.
“We had a similar situation on Cyprus Road in Exmouth last year, and the day before the committee meeting to discuss the application, the insurance company wrote to the town council to say that if we refused it, then the company would immediately pursue the council for £70,000.”
Cllr Wilson said he believed government legislation was needed to change the situation that councils found themselves in when instances like the one with the Taylor Cantrills occurs.
Bay Leahy, from Exmouth Tree Project, attended the demonstration because she felt the tree was “really valuable”.
“Oaks are known to have the highest ecological value of any in the country and it is an important feature on this road,” she said.
“It’s also extremely important for Redd, and then there’s the wider issue that we just recently had a tree felled on Cyprus Road as the insurance company in that case would not explore anything else to do with the subsidence.”
Ann Membery, another resident who lives across the road from the tree, said it was a fixture of the street scene.
“It’s a habitat for wildlife and it has been there for decades, but not only that, for Redd and his family,  it is so beneficial.”
And Francis Whiteley, another Exmothian, said insurance companies had an “immense amount of power” that needed fighting.
“Once this tree is gone, it’s gone,” he said.
“I have a friend in Hampshire who has had a similar battle to keep a tree on their land but the insurance company has said it has to come down.
“We need to have a change in the law to protect trees like this.”
A spokesperson for Allianz said the Taylor Cantrills had made a claim for subsidence, and that investigations revealed desiccated clay soils with “roots found originating from an oak tree”.
It said drains were inspected in 2023, and were found to have root damage and subsequently repaired. It believes the oak tree is the cause of the subsidence and the “best long-term option” to resolving the subsidence issue is removing the tree.
“Trees, while essential for the environment, can exacerbate subsidence due to their roots drawing moisture from the soil, especially during dry periods. In areas prone to subsidence, tree removal may be necessary to mitigate these risks and protect buildings from potential damage,” a spokesperson for Allianz said.
“Our buildings experts have surveyed the property and confirm that an oak tree is causing the damage to the policyholder’s home. Although removing the tree is considered the best option, we understand the policyholder’s concerns about removing it.
“Our experts are considering alternative options to resolve the problem without removing the tree but some of this is dependent upon the level of movement over the summer.”
The spokesperson added the 5 millimetre downward movement measured was on the “cusp” of what it would consider for a robust repair or scheme such as a root barrier or underpinning.
They added alternative options had pros and cons, and some would not be considered a long-term solution or would require routine maintenance by the Taylor Cantrills.