LEGAL action forcing a family to remove their garden treehouse has been branded ‘ridiculous’ by a district councillor.

Local politician Ben Berry has hit out at local authority rules that have prevented Mark and Helen Heseltine, of Hincaster, from keeping a wooden tree house in their back garden.

This week the family was forced to dismantle the hut which is used by dozens of village children after negotiations with South Lakeland District Council fell through.

Mr Berry, who is the Conservative councillor for Windermere, Applethwaite and Troutbeck, said the council’s rules were a ‘sorry state of affairs’ and failed to take account of commununity views.

“I was absolutely disgusted to hear it’s coming down,” he said. “The tree house had a lot of support from people in the village and they should have had more of a say than officers when it comes to things in their own community.”

Mr Heseltine spent two weeks building the tree house with his 11-year-old son, Ben, two years ago when he was home from leave from the merchant navy.

But members of South Lakeland District Council’s planning committee issued an enforcement notice on the couple as the tree house sits in a mature oak protected by a preservation order.

Mr Berry added: “This was an officer led decision and their hands are tied if the tree has a preservation order on it but this is just bureaucracy at its worst.

“The Localism Bill coming through will allow people to have more of a say about their own communities and that’s what we really need to avoid cases like this.”

Mr Heseltine, of Cherry Hill, spent two days this week taking the tree-house apart before he returns to work at sea for six weeks.

“I didn’t want to leave my wife with this hanging over us so we’ve had to take it down early,” he said. “There has just been no compassion from the council at all.”

He added: “We can’t argue against the rules that we built it in a tree with a preservation order but when it brings so much joy to so many people what harm is it doing?

“Children from around the village used it all the time and it’s not as if there’s anywhere else for them to play safely.”

Councillor Peter Thornton, SLDC portfolio for Housing and Development, said Mr Berry’s views were ‘surprising’.

He said: “Clearly this is not a responsible position for any council and I am surprised one of our councillors has suggested ignoring the planning laws.”