A disabled Perth council tenant is threatening legal action after a landslide brought a tree down, just minutes after his daughter had been standing in its path.
Bosnia veteran Harry Marshall Snr, who stays at the Riverside Cottages in Perth’s Friarton area, said he had been tormented by the banking behind his home for some time.
The recycling centre uphill is built on top of a former landfill site and, for months, soil has been eroding from the hillside, exposing years of rat-infested filth which pours out the banking into his garden.
Harry, 40, has spent the last year campaigning for a gabion or retaining wall to be installed to hold back the waste, which has included tyres, televisions, barrels and even an electric guitar, but said his pleas have been spurned by council chiefs.
The problem came to a head during Storm Ciara last week when a landslide and gales brought a tree down the banking.
CCTV shows it toppling at 8.15am and landing in the car park which Harry’s daughter had driven through just 15 minutes earlier as she left for university.
Harry said Perth and Kinross Council had previously given him an assurance that the matter had been “rigorously investigated” and the site was being monitored for further movement.
The dad-of-two, was placed in the home after being diagnosed with post traumatic stress disorder and a brain injury. It was hoped a peaceful riverside residence could help his recovery.
Now the former soldier is considering legal action, branding Perth and Kinross Council’s lack of action “negligence.”
He said: “I told them the banking was going to collapse a year ago. Just as I had predicted, part of the banking gave way on Monday taking some trees with it and barely missing my daughter’s car as she left for university.
“There was high wind during the night and the roots were exposed because the topsoil had been washed away. There’s loads more debris that I’m worried will come down now.
“I said a year ago that that tree would hit somebody. It could have seriously injured my or killed my daughter. There are more trees on that banking too.”
A Perth and Kinross Council spokesman said staff had visited to site in an effort to reassure residents.
“The banking at Friarton comprises made up ground of many decades standing,” he said.
“Our officer, who has been familiar with the slope for 15 years and had previously observed negligible change to date, concluded that there were no short or medium term concerns regarding its stability. But in recognition of the wetter climate and previous concerns expressed by residents, Perth and Kinross Council had installed pegs at the bank base to monitor for potential movement.
“Officers from the council met with residents earlier today to reassure them that the bank is stable, that it is being professionally monitored and subject to regular lay inspection.”
