PUBLIC STATEMENT IN RESPONSE
What Can WE Say Except, WOW!!
The news today, that we have taken our fight to save the trees on the Walks in Wellingborough to the High Court, and won is AMAZING!!!
This is an incredible victory for the people of our town. We have taken on the Council and the Developer and shown them that our heritage, our environment, and our communities, are at the heart of who we are and what is important to us, and that as a community we are determined that our natural heritage needs to be cherished and protected.
With the judgment today we feel vindicated in our determination and approach to save the protected trees on the Walks and in our assertion that by felling 16 of the protected trees last year, without the of benefit an exception applying at the time, the developer (Stanton Cross Developments LLP) acted unlawfully and North Northants Council stood back and allowed it to happen.
The judgment of Dan Kolinsky KC, sitting as a deputy High Court Judge, is clear:
- The statutory undertakers exception that “was part of the justification advanced in February 2023 for the works” did not apply.
- ”at the date of the works (February 2023), no plan had been approved under condition 34. No plan was available showing the extent of the tree loss proposed”. And “that this was legally insufficient to enable the Interested Party [Stanton Cross Developments] to rely on the exemption in regulation 14 (a)(vii)” (the planning permission exception).
- That the planning permission exception for works to protected trees only applies to the extent that it is ‘necessary’ to carry out the planning consent. “If it is possible to implement the consent without loss of trees then the exception does not permit the loss of trees that could be saved”.
- That planning conditions relating to the trees must be discharged before the exception applies and before any further felling can take place stating that the Council “can and indeed should exercise its power to ensure that existing trees are appropriately retained where this is reasonably possible”.
The judgement by Dan Kolinski KC is a clear vindication of the work of campaigners who worked to save the Walks trees in the face of arrest, obfuscation and (we now know) baseless justifications for why the works should proceed.
We hope that the decision will allow people arrested and cautioned for defending the trees to clear their name and that the Police will reflect on how they enforce the law in a more even-handed way in future. Mistakes were made by the Council, Stanton Cross Developments and the Police. Lessons must be learned if we are to protect our natural assets from environmental crimes.
We are looking at the details of the Order made by the Court to see whether we need further clarity.
Next Steps
As Wellingborough Walks Action Group (WWAG), we are delighted that after the immense work for the community to be heard, and the amazing financial and other contributions made from across our community and beyond, that we are a significant step closer to saving the protected trees on the Walks. However, we are not there just yet.
The work that WWAG has done through this case and beyond, has enabled the public to use the planning process to push for the permanent protection of the remaining TPO trees on the Walks. By objecting to the developer’s latest plans the community can put pressure on North Northants Council (NNC) to act in the Town’s best interests, and reject the 3 applications made by the developer.
There are alternatives to the plans Stanton Cross Developments have presented and last year we hired a highways consultant to check this. On 14th June 2023 he shared his report which clearly
shows, through a few minor and reasonable adjustments (common within the technical delivery phase of a highway) most if not all of the protected trees could be saved. This plan is available on our website at https://saveourtrees.co.uk/proposals/
Please act now
You have a further 21 days from today to lodge concerns/objections to the 3 applications. WWAG urge the people, businesses and communities of our town to write to the Council and have your say on these important matters. This is the chance we have worked so hard to for and it’s important that we take this opportunity to be heard. So it’s now over to you…
A step-by-step guide of how you can comment will be available shortly on our website:
A Massive and Whole Hearted THANK YOU!!
We conclude by thanking our legal team for their amazing guidance and support to enable this WIN in the High Court. To Will Upton KC, from Six Pump Court Chambers, and Alice Goodenough, from Goodenough Ring Solicitors, we give our heartfelt thanks.
To the amazing people who make up Wellingborough Walks Action Group who have put much of our lives on hold to work for this court victory and opportunity, we salute you all; Lucy, Stephen, Jonathan, Kevin, Jules, Julie, Terri and so many other people who have helped from the start and supported via fundraising and so many other ways, Thank You!!
Most importantly though, we thank the people, businesses and communities of our town and beyond, who came out to save the trees last year, and kept working to raise the funds we needed to get to the High Court and show that we, the residents of this town – MUST BE HEARD.
It’s been a very expensive way to have to do it, having to pay out over £70,000 for our Council and Stanton Cross Developments to listen to us, but finally we hope they will now listen. And maybe this case and this judgement will also go some way to encouraging the people of our town, and people of other communities, that when we stand up and work together we can achieve amazing things. We know many people need new and affordable housing and facilities, it’s just how we enable that whilst retaining our natural and community heritage and safeguarding our beautiful environment.
This decision should also show Developers and Councils that residents and communities from across these islands, cherish and value our heritage and our environment and will continue to stand up to protect it whenever challenged, this is our home and we hope you respect it as such.
Thank you
Best wishes
Marion Turner-Hawes
Chairperson, on behalf of All the members of Wellingborough Walks Action Group Ltd