As you may be aware, Wellingborough Walks Action Group (WWAG) Ltd have spent Tuesday and Wednesday in the High Court in London for the hearing of our Judicial Review claim against North Northants Council (NNC) and Stanton Cross Developments (SCD).
We are pleased that after over a year of hard work we’ve been able to present our case to a High Court judge and our concerns about the plight of the Wellingborough Walks and the felling of protected trees has been heard.
The judge (Dan Kolinsky KC, sitting as a Deputy High Court Judge) heard argument from all parties, making clear that he would be alive to the practical implications of any decision he made. This is because his decision could have real world consequences not only for the Walks but also for other protected trees.
Of particular concern to us were SCD’s arguments that the tree protection regime and the planning regime should be considered separate. The consequence of this would be to largely leave decisions about whether the felling of trees was necessary in the hands of developers. In our opinion, the actions of SCD last year show the problems with such an approach. As our barrister, Will Upton KC, pointed out, SCD’s interpretation is dangerous to trees.
The result is now out of our hands, but we have done everything we can to make sure our community is heard on this matter. We should also not lose sight of what we have achieved so far: stopping the felling, prompting a re-think by NNC and SCD resulting in proposals to at least save more trees, allowing the public to now have a say on the discharge of important conditions and forcing the Council to change its approach to tree protection. It was made clear by NNC in the proceedings that it now agrees with us that the legal position it took in March of last year was wrong; that the trees should not have been felled without first discharging those planning conditions relating to tree protection.
A great deal of time, money and effort has been contributed by so many to help the people of our town be heard and what an incredible feat by our town. We thank everyone who supported us in whatever way on this journey, THANK YOU!! to the people of our town and beyond.
We also want to thank our legal team led by William Upton KC and Alice Goodenough of Goodenough Ring Solicitors for their considerable skill and expertise in guiding us all year to this point and through the court case. Thank you!!
Now we await the result, which is expected in a few weeks or months time.
It’s been a rather surreal experience with most of WWAG Committee never expecting we would ever find ourselves in the High Court presenting a case for our community. Hopefully this whole journey shows that we can all take action to make where we live a better place and it has brought people of our town together and reminded us that when we work together we can achieve amazing things.
Everyone that has supported this campaign, should indeed be walking a little taller after this, or wheeling a little faster, because of the way we have worked so positively to SAVE OUR TREES.
Thank you so much to us all.
But it doesn’t stop here!
What Happens Next – New Planning Applications
One of the things we have achieved is agreement from the Council that SCD’s applications to discharge important planning conditions relating to the trees should be open to the public to have their say on before a decision is made.
It is up to all of us now to comment on SCD’s plans for the remaining trees. Together we have already managed to convince Wellingborough Town Council to object to these applications, we now need to convince NNC to do the same.
We will publish our detailed objections in the coming weeks so watch this space.
The applications actually being considered at present by NNC are below, and links to them can be found on NNC’s planning portal here
- NW/24/00231/CND – to discharge condition 34 relating to which trees on Route 2 and the Walks will be retained or removed.
- NW/24/00229/CND – to discharge condition 32 relating to the protection of bats on Route 2 and the Walks.
- NW/24/00230/CND – to discharge conditions 23 and 36 relating to landscaping proposals, i.e. new planting and its maintenance on the Walks and Route 2.
More information about these applications will be shared on the saveourtrees.co.uk website in the coming days/weeks. Please keep a look out for this.
Best wishes
Marion Turner-Hawes
Chairperson and Director
On behalf of Wellingborough Walks Action Group (WWAG) Ltd