That is a very tricky question, once "Safety" gets invoked you are fighting experts, with big premiums to cover if they are wrong.
If you ever ask someone to tell you if you can do something, relying on their expertise, you have to be told you can't.
I imagine there is a report on the condition of the tree somewhere. Can you get a contrary report, backed by a similarly qualified expert? Can you afford it.
It is a strange situation, could you get an expert to say you should plant Laburnam (Poisonous), Laurel (Poisonous), Potatoes (Foliage an flowers poisonous) near to anywhere the public has access to?
Bad news.
