A COUPLE in dispute with the Vale council for nearly five years over a tree damaging their retaining garden wall have said it is a “health and safety issue” and the wall “could collapse at any moment.”

Stephen and Michele Evans were told they would need a structural engineer’s report to prove the tree is causing damage, costing upwards of £500. But with both on low incomes and Mrs Evans having only recently recovered from cancer, they are facing a struggle to meet the costs.

“I was diagnosed with cancer in 2013 and the medication I take makes me exhausted, so I can’t work more than I do already to earn more money,” said Mrs Evans, 57. “It’s very frustrating. We’ll foot the bill for any repairs, but the problem will return unless the tree is removed.”

Mr and Mrs Evans first contacted the Vale council in September 2012 regarding the council-owned ash tree, after they noticed roots were raising the tarmac on the ground outside and causing their wall to slope outwards.

Over the next 12 months, the couple liaised with the council as the issue continued to worsen. In May 2013, a cable TV installer advised the pair that wires could not be installed as the wall posed a health and safety risk.

Two months later, a builder who the couple had asked to provide an estimate for repairs said the tree itself would have to be removed in order to prevent recurring damage.

After her recovery from cancer, Mrs Evans again contacted the council, saying she felt it was unreasonable that given her state of health they should still be made to foot the bill for the report.

Whilst the council agreed to undertake some maintenance work on the tree, they reiterated their previous position saying that a report was still required to take more permanent measures.

“We’ve got a wall that’s leaning and could fall at any moment,” said Mrs Evans.

Mr Evans, 62, agreed: “It’s the health and safety aspect as much as anything.If the wall falls on someone, the claim is going to be against us – not the council.”

A Vale council spokesman said: “We are aware of Ms Evans’ concern and have carried out maintenance to remove some of its branches. It is the homeowner’s responsibility to prove the tree has caused damage to her property.

“The cost of the survey will be reimbursed should the council be found to be liable.”