THE mutilation of trees at Embsay school could lead to legal action being taken against North Yorkshire County Council.

Recommendations that prosecution be instigated against the council's contracting body were discussed by members of the Yorkshire Dales National Park Authority's planning committee.

The planners, some of whom are county and district councillors, expressed anger at the incident which had reduced two century-old sycamore trees to totem poles.

They were told inquiries by headmaster Joe Grose, worried about the proximity of the trees to the school, led to a visit by Paul Coombs, from the county council's building design and management section.

Mr Grose said action was suggested and a report would be sent to him. A few weeks later he received a telephone call from one of the school governors to say two of the trees had been lopped to just their trunks.

Investigations found that workmen from the Direct Services Organisation - a contracting arm of the county council - had carried out the unauthorised work.

A copy of a letter, sent to Mr Coombs by Colin Turner, grounds maintenance manager with North Yorkshire County Contracting, confirmed that the unauthorised work had been carried out.

In it, Mr Turner said that he had quoted £1,250 for the work which was verbally agreed. He added that he had instructed the work to begin on Saturday and Sunday, August 15 and 16, while the school was on its summer break.

After being informed on Monday August 17 that the work had not been authorised, he stopped operations, leaving one tree "pencilled", a second tree "pruned" and a third tree untouched.

National park chairman Robert Heseltine said he was dismayed and disgusted at what had happened to the trees.

"I feel badly let down. These are supposed to be competent people but they jumped the gun. I have no qualms about prosecuting them," said Mr Heseltine.

However, members were concerned that a heavy fine and court costs would inevitably come out of the taxpayers' pocket.

John Cumberland suggested instead that the county council give some recompense to the school. "Going off case histories, the level of fine imposed by the courts could go into the thousands. It would perhaps be an idea for NYCC to buy something for the school to try and replace what they have lost," he explained.

Coun John Blackie suggested prosecution would give solicitors a "field day". Similar comments were voiced by Dr Jim Burton: "Doing anything which would make a lot of people richer would waste public money," he said.

Coun Peter Walbank said those involved should be dismissed. "How an authority can continue to employ people who massacre trees like this is beyond belief. The county council would certainly prosecute an individual if they had done that," he added.

Chief executive Heather Hancock voiced concern about giving the county council a choice of either prosecution or going some way to attempt to make good its blunder. "We don't want it to look as though we are a pushover," she said.

Jerry Pearlman was also concerned that such negotiations, however honourable, would be regarded as blackmail. "This authority is in danger of being criticised for using the threat of criminal prosecution as a way of obtaining compensation which it is not entitled to do," he said.

But, despite the concerns, Mrs Hancock was asked to write to the council, stating: "The National Park Authority is going to prosecute unless, within two weeks, it receives proposals from NYCC detailing what it is going to do to compensate Embsay school."

Members also agreed that the remaining tree should be felled because its exposure to wind had caused it to become dangerous.

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