Tree is charitable. Bush, more like!
I don't know. They are both rather nice. In the first the eye is drawn immediately, and for better or worse, to the receding hedge in the background rather than to the tree itself. In the second one wishes the gate were open, the tree is perhaps a bit blocky, but the compostion is otherwise more comfortable on the eye. The skies and the colours are lovely in both, and different. I lean towards 2.