A BATTLE to cut a 45ft horse chestnut tree down to size has been lost, on the order of Local Government Minister Stephen Byers.

Almsford Court Maintenance applied to reduce the size of the tree in the grounds of Almsford Court flats, Almsford Avenue, Harrogate.

But when Harrogate Borough Council refused permission for the work on the protected tree the issue went to appeal.

Mr Byers has dismissed the appeal.

Tree expert David Thorman said in his report that the tree was a scarce addition to the trees in the Almsford Court complex and surrounding street scene.

Mr Thorman said the proposed pruning was excessive and unjustified.

"There is no evidence that the tree is responsible for either unevenness of footpaths or could be implicated in potential damage to underground pipes," he said.