Darlington Borough Council could face legal action from insurance companies if plans to cut down a tree in the town are rejected, it was warned yesterday.

John Burdis, of Marigold Court, Darlington, has applied to the council for planning permission to fell the mature horse chestnut tree in his garden.

But yesterday, when the authority's planning application committee received a recommendation to refuse the proposal, Councillor Ian Haszeldine, speaking for the residents, called for action.

He said: "We have incidents of branches five, six or seven feet long coming off.

"If the application is refused, then the insurance company responsible for the property or the tree will then take legal action against this authority."

Councillor Sheila Brown said that the main concern should be for safety.

Councillor Gordon Plummer suggested that the planning application should be deferred to check with experts about how much pruning could be carried out to make the tree safer.

The committee agreed to defer the matter until its September meeting and to have checks made on the council's liability in terms of legal action.