WESSEX Water cannot be prosecuted for damage caused to a tree on The Green in Devizes when workmen dug a trench a few feet away from it.

The tree, which was planted 32 years ago as part of a national tree planting campaign, may not survive.

Kennet District Council said this week that the water company was exempt from prosecution because of rules within the Town and Country Planning Act which govern work by utility companies.

Wessex Water damaged the tree while finishing major water main replacement work which started last May.

Will Harley, countryside and landscape officer at Kennet, said: "The distance from the tree to the trench falls within Wessex Water's working area as a statutory undertaker under the Town and Country Planning Act which means we can't take any action against them.

"Normally they inform us before they start work near to a tree so we can discuss it but they didn't on this occasion."

Mr Harley said Wessex Water has employed a tree surgeon to carry out remedial work.

"The tree surgeon has trimmed the roots so they have a clean cut on them to stop any fungal infection and hopefully any other damage and he has also trimmed the crown to alleviate any more problems.

"Being a lime and the fact that it is a young tree means it has got a chance of survival but we don't know, we are just keeping our fingers crossed," he said.

The tree was planted in 1973 by the late Gwen Winchcombe who was chairman of Devizes Castle Evening Townswomen's Guild.

Devizes Town Council, which owns The Green, is seeking compensation for the latest damage.

Just a few weeks ago the council reached agreement with Wessex Water for compensation of £7,327 for damage caused to other parts of The Green last summer.