In respect of any protests going forward, we been made aware of new laws that apply to demonstrations. Please see below a link to the terms of the Public Order Act 2023. Significant parts of this went live this year as some as recently as early July.
Please see section 6 of part 1, which talks about the new offence of ‘Obstruction of major transport works’
With a basic understanding having read this, it seems extremely likely that had this legislation been in place, the Police could have used this power to prevent any and all of the ‘obstruction’ activities that protesters took part in in February, and that they could have used this much sooner in the process.
Section 6, point 2a, does say that a defence can be offered by a person if they can prove that they had ‘reasonable excuse’ for causing an obstruction, however, it does not define what ‘reasonable excuse means’. We would like to think that by trying to prevent a crime from happening, that would be a reasonable defence, but who knows?
Other new offences that could apply include:
the offence of ‘Locking on’ and causing a disruption to two or more people
the offence of having tools etc with you that could be for ‘locking on’
the offence of being equipped for tunneling
As the demonstrations that are being considered by people on Friday are likely not to be causing an obstruction or disruption to two people or more away from dwelling places; and as long as people gather on the grass and make sure not to block a pathway or roadway, these demonstrations should be fine.
We have contacted the police, local inspector Miriam said the protest may get called in, but as long as everybody is complying with the rules and not blocking pavements, roadways or locking onto anything then everybody should be fine.
Please note that it is important to point out that anyone who takes part in any protest to SAVE OUR TREES is acting as an individual, and it is everyone’s individual responsibility to comply with the law. As we are not lawyers or police officers, we have to advise anyone who wishes to protest to check with a lawyer or with the police before doing so (whether acting individually or as part of a group, company or organisation).
Join us at the trees on The Walks at The Embankment 8-10am this Friday to mark the end of the pause of felling by the developers. They are very unlikely to be chopping down trees on September 1st, but there their guarantee ends, so we need to be vigilant. Our trees are now at risk!
This will be a friendly protest, we don’t expect any contractors or police there, and we aren’t looking to disrupt anyone’s day. Your support is needed, join us to meet some familiar faces from the campaign, to chat about what we have done and to show that our campaign to SAVE OUR TREES is very much still ongoing.
Update from Tree Action Public Information Event
Thank you to the 80 plus people that came to our two Tree Action Public Information Events on Wednesday 23rd August. From the feedback that we have, the event was well received and informative. Many people that attended have supported us both financially and in person at the protests and at our events.
For both sessions, people came in had a cup of tea of tea or coffee, chatted to the helpers and looked at our displays. People then went into the main meeting room and were treated to a presentation. We promised you and others that have requested, the information, so, excluding a few introductory slides, follow this link for the presentation:
Thank you to the 80 plus people that came to our two Tree Action Public Information Events on Wednesday 23rd August. From the feedback that we have, the event was well received and informative. Many people that attended have supported us both financially and in person at the protests and at our events. Thank you for your support!
For both sessions, people came in had a cup of tea of tea or coffee, chatted to the helpers and looked at our displays. People then went into the main meeting room and were treated to a presentation. We promised you and the 20 or so others that have also requested, the information, so, excluding a few introductory slides, here is the presentation:
Aim of the Session
• Update you on present situation • Explain What We have been doing • Let you know how the money has been spent • Offer a chance for you to ask questions • Go through the next steps • Ask for your Ideas and your help • Raise more funds for the campaign
Saving the Walks Trees – How we got here
• Heard of planned felling 12th Feb 2023 • Found the Trees had Tree Preservation Orders (TPO) on them • Worked to get ‘a pause’ but could not • Developer felled 16 of planned 61 TPO trees • Found Barrister (Paul Powesland) to help and received legal advice • He blocked more felling by climbing a tree • North Northamptonshire Council and the developer agreed a temp pause (3rd March) • Wellingborough Walks Action Group Limited non profit company formed (17th March) • Wellingborough Town Council held Public Meeting (9th March) and agreed to help • Developer held public meeting (23rd March) • North Northamptonshire Council announced further pause in during Bird Nesting Season • Wellingborough Walks Action Group Limited appointed legal team Harrison Grant Ring
Legal Actions so far
• Lodged for Judicial Review (JR) on 18th May and immediately asked for a ‘stay’ • All parties met on 19th May at Swanspool House • We recruited a Highways Engineer to help • He produced report detailing minor changes to save trees • Judge instructed us all to try and come to ‘out of court’ agreement (ADR) • ADR started 21st June, we signed mediation and confidentially agreement • Technical meeting happened on 30th June, all parties discussed WWAG ideas • All parties wrote requesting further ‘stay’ to end August 2023 • Judge agreed adjournment to 1st September on 17th July • Developer confirmed would not touch the trees in period • Developer withdrew from ‘out of court’ discussions, ADR ended • Developer now doing its own ‘technical review’ • We wrote to ask the developer to confirm they wont fell trees before JR ends
‘Out of Court’ Discussions – our ideas….
• Wellingborough Walks Action Group Limited believe the trees could be saved by making a few ‘minor’ adjustments to the roundabout design • We offered discussions on this basis • Court could be avoided for all and road happen anyway • Changes – under S278 process – not new planning application • Simon (Engineer) produced report suggesting adjustments • These minor adjustments are…
Summary of Reports Suggestions
• Northern Trees – (2 trees) could save by adjusting footpath/cycle-path around them • Central Trees – (6 trees) could retain as within planned island • Eastern Trees – (inner line of protected trees south of roundabout) – could save by not building new cycle path if tree root protection area allows • Western Trees – (tree line closest to road) – could save most by moving lanes over to opposite side of road
Gas Main Issue
• One issue mentioned by the Developer at their public event on 23rd March was the matter of the Gas Main cutting across the southern side of the roundabout, and the likelihood that some protected trees would need to be felled to make way for works to re- enforce this pipe on both sides of the road which would extend a short way into the ‘Whitworth’s Field’ and the ‘Embankment Field’. • As Information shared by the Developer at their public event also showed, the gas main is accompanied by an easement, which means that works can be carried out on this gas main under the terms of the easement, whether the land is publicly or privately owned (Board 6). We believe this easement should allay the developer’s concerns • We hope the Developers’ revised technical S278 report for the roundabout will be shared with us and that it incorporates the Highways Engineer’s suggested modifications
Money Raised and Spent so far
• We have raised just over £43,000, AMAZING! Thank you • We have spent just over £38,000, leaving about £5,000 • 97% of all money has been spent on legal costs (£36,779) • Total help from lawyers so far is 104 hours • Consultant costs £3,000 and barrister = £7770 (included above)
Other Contributions
• Volunteer Time, over 1,000 hours contributed by the Wellingborough Walks Action Group Limited Management Committee and helpers so far, also amazing! • Many people also paying for items for fundraising events, running stalls and we even entered the carnival (and were judged as the best entrant!) • Wonderful events delivered including Music at the Museum, Bingo Nights and an auction. • Performers at the museum sung for free!
Next Legal Steps
• From 1st Sept 2023, judge to review Judicial Review papers and decide on if we have ‘permission’ to go to court. • If judge agrees, our case goes to The High Court. • Approximately 3 months after permission given, the case heard in The High Court • If permission not given, we can request time with the court for an in person Renewal Hearing. • If successful, can then we go to The High Court. • Renewal process adds approximately a further 1- 3 months to the process.
Further Legal Costs
• We have paid all costs up to JR permission review. • If permission granted, cost approximately is £27,500 (inc VAT) to get to The High Court • If permission refused and renewal hearing required – cost approximately is £8,500 (inc VAT) plus high court costs above if renewal successful; therefore total of £36,000 approx (inc VAT) • If we go to court and lose, we need a further £10,000 for other parties costs • If we require injunction to prevent felling before JR concluded we need approximately a further £8,400 (inc VAT)
Very daunting. Lots more fundraising to do!
Raising More Funds. Your Ideas
There is a significant amount of money still to raise, we want to know:
Do we have your support to keep going?
What other things can we all do to raise more funds?
Can you help us to go forward?
• As well as needing financial support, we also need time and help! • Can you help? • How, when? • Could you be on the Committee? • Can you help run events and raise funds? • Could you do letter writing to raise funds? • Could you speak to businesses? • What ideas do you have?
After the presentation, everyone, chatted with the Committee Members, had more refreshments, bought a few SAVE OUR TREES t-shirts, polo shirts and bags (buy here) and the press took a few photos and videos. Also at the event was a short video display of our SAVE OUR TREES story in pictures so far, warning it does contain some upsetting images.
It includes the campaigners protesting, trees being felled, our meetings at councils and the developer, and some highlights of our activities to raise funds and awareness since the felling was paused. With the pause coming to an end and the possibility of the rest of the trees being felled from 1st September, we held a Tree Action Public Information Event to keep our supporters updated during a period of calm, before the battles that could be. Have a watch.
Keeping in touch
For more information go to our website or see our Facebook Page. To contact us please fill in the form below:
You can also send us an email or call 07954 082802 if you prefer.
We, Wellingborough Walks Action Group, invite you to a Tree Action Public Information Event on Wednesday 23rd August. It will take place at the Quaker Meeting House, we will have two sessions (with the option of a third if needed). You will need a ticket to attend (tickets are free).
Purpose of the event:
Update people about the present situation.
Be open and accountable to supporters.
Explain what we have been doing and what we have been spending the money on.
Help people understand our approach re-the out of court action.
Explain some next steps.
Things we plan to cover in the information session:
How we got here
Background to the TPO situation
Felling action from 12th Feb 2023 to 30th March 2023
Then from 18th May to present
Go through our strategy and ‘Out of Court’ resolution approach.
How we spent your donations.
Next steps.
Our fundraising approach.
How you can help going forward.
Agenda for Session:
Opening remarks and Presentation
Questions and answers
Display board and information available to look at and read
Fundraising
Refreshments will be available
Book your ticket:
Please choose your session and the number of tickets you require on this form:
We will email your tickets to you, they are free and you will need to show them to enter, see you there! (This information is also available on our Tree Action Public Information Event page)
Join us at 6:30pm on Friday 18th August to play Bingo at St Andrews Church Hall for our next fundraising event, it is fun for the whole family; and it’s just £10 per person to play and this time it includes food! Tickets are now available to buy now.
Click to enlarge
The food will be jacket potatoes, available with a choice of meat chili, vegan chili, beans, cheese and/or homemade coleslaw, plus a help yourself buffet on the night. Tea, coffee, soft drinks, and cakes will be on sale. We will also have a raffle! We are raising funds for legal action to save the lime trees on The Walks in Wellingborough. Buy your Bingo Tickets now by clicking on the button, please add one ticket per player to reserve your spot(s)!
Jonathan Reynolds proudly presents an evening of song featuring six fabulous local vocalists, all performing to support the legal action being taken by Wellingborough Walks Action Group Limited to SAVE OUR TREES.
Book your tickets here, and we will email them to you; and then join us to be entertained on Saturday 15th July at 7:30pm at Wellingborough Museum. Doors open at 7, don’t miss out!
Artists include Claire Desborough, Lis Page, Anita Walker, Neil Richardson, Jon Reynolds, and John Simpson; all local performers who have featured in many well-known shows (some West End) throughout their careers. The music will consist of numbers from popular shows, musical theatre, and Swing.
Do join us for what promises to be a great evening’s entertainment.
I wanted to let you know I, on behalf of Wellingborough Walks Action Group Ltd (WWAG Ltd), have just started a crowdfunding project for which we are aiming to raise £20,000 to further help challenge the planned felling of a further 24 trees from the historic Wellingborough Walks’, one of the longest avenues of lime trees in the country.
https://youtu.be/qjczIC6WTqI
Wellingborough Walks Action Group Fundraiser
As you will see on the video, we have already raised an amazing amount of funding, but legal work is very expensive and our desire to try and resolve things outside of court is also adding to this expense. We have worked hard to resolve this issue and we are likely to require up to a further £20,000.
I know this sounds an enormous amount but since this campaign started in February 2023, we have already raised an amazing £25,000. People have been so kind and so generous. It’s clear many people from across Wellingborough and beyond fully appreciate the importance of this beautiful avenue of trees to the local community and to all of us as we work to cherish our natural environment and this vital amentiy.
As many of you will be aware, ‘the Walks’ in Wellingborough stretch from the town centre to the river, with many of the 189 trees (now 173 after 16 were felled in Feb) on the Walks more than 180 years old. This avenue of trees, and the river they join, would have been the last part of Wellingborough many young men and women going out into the world or off to the Boer Wars, and the first and second world wars would have seen. It would also have been the first of the town to welcome people returning, where they could.
Residents of our town are so determined to save these protected trees that we even set up a not-for-profit company (Wellingborough Walks Action Group Ltd) to do all we can to make this happen. Through this many hundreds of hours of time have been volunteered to take this campaign forward for our community., and we are clear you continue to support us to permanently SAVE THE TREES.
Please have a look at our Crowdfunder page and help us if you can to raise further funds to take the Judicial Review case to Court and save the protected Trees on Wellingborough Walks. All contributions are so gratefully accepted. I would love it if you could donate using the link below to access my project page. Any contribution large or small will be hugely appreciated.
We have heard back from the Court following the submission deadline last Friday. Given all the info provided the Judge has instructed that a form of dispute resolution MUST happen between now and 11th July, when the Judge will sit down and review the case we submitted and the other party’s defence. Between now and then he is requiring:
that SCD provide us with the info we have requested about how many trees they say need to be felled and why.
he instructs that we need to respond to that info with our ideas within 7 days.
that we all need to meet to discuss possible changes to the roundabout design no later than 23rd June. And any alternative solution need to be sent to the Court by 10th July.
So we have a clear time table for action. This is a bit of a win for us as we were the only party proposing such an approach with the intention of getting agreement outside of court. We await the info we requested many weeks ago.
If you wish to make a cash donation please complete the form on the ‘Donate’ page of the website and our colleague will be in touch with you to make arrangements.
Once again thank you so much for your kind support.
ABOUT TURN BY STANTON CROSS DEVELOPMENTS IN CAMPAIGN TO SAVE THE PROTECTED TREES ON ‘THE WALKS’ IN WELLINGBOROUGH
On 25th May 2023 all parties involved in the Judicial Review Claim lodged by Wellingborough Walks Action Group Ltd on 18th May 2023 to save Wellingborough Walks Trees, were asked to provide a joint statement about WWAG’s request to ‘stay’ proceedings to allow time for out of court discussions between all parties (known as alternative dispute resolution (ADR)) to happen and hopefully arrive at a meaningful agreement that would save the trees and negate the need for Court action.
As part of this process the IP (interested party) in this case, Stanton Cross Developments LLP (SCD) has now made it clear that they see little point in the proceedings being ‘delayed’ by a stay to allow for out of court discussions as they feel the meeting held on 19th of May, and subsequent correspondence “served to demonstrate that the parties are not likely to reach agreement on the disputed issues through ADR (alternative dispute resolution)”.
They go on to say that they, SCD, believe they have the appropriate planning permission and that the felling of up to 40 trees from Wellingborough Walks is required and is lawful under the existing planning approval.
They dispute that any meaningful agreements were made at the meeting of the 19th May 2023, and any reasonable chance of the Claimant (WWAG) and the IP (SCD) coming to a mutual agreement if the meetings did happen.
WWAG Ltd RESPONSE
Members of WWAG were left dismayed and saddened to read of this radical change of approach by SCD (the IP) particularly given the proposal by SCD colleagues at the meeting on 19th May to hold technical discussions and their further commitment to pause any tree felling beyond the end of July to allow time for these discussions to progress.
“This feels like SCD have done a complete 180 degree about-turn”, said WWAG Ltd Chairperson, Marion Turner-Hawes. “Just two weeks ago in a room of 13 people, including Councillors from Wellingborough Town Council, SCD made commitments to hold technical discussions and to work with WWAG Ltd and our highways expert to see if there could be a way that the plans for the roundabout on London Rd could be amended to save as many protected tree as possible. Those discussions have not even happened yet, but they seem happy to relinquish this idea even while they were agreeing arrangements with us to hold these technical discussions”.
“We feel badly let down”, says Ms Turner-Hawes. “At the meeting the CEO of Vistry Homes made a specific point that we should all be able to trust each other, that request sounds hollow to us now given SCD’s new stated position, and their belief that we are so far apart that the Court should be left to resolve this”.
Ms Turner-Hawes goes on to say, “this about-turn on their commitments by SCD will not go down well with local residents who trusted their proposed approach and believed SCD did intend to do their best to save the trees, and this will do little to enhance trust with local residents that Vistry Homes CEO stated in the meeting he was keen to re-build following a number of issues recently where he accepted that SCD had ‘dropped the ball’ when it came to working on issues ‘on the other side of the railway line’ (i.e. within existing areas of Wellingborough)”.
“How are we ever supposed to believe them now” she asked. “Many people will be reading in the local paper this weekend and welcoming the news about the extended halt to tree felling beyond the end of July stated by SCD on 19th May, only now to discover, days later, that they (SCD) have taken this away, and that far from not being ‘wedded to the present design of the London Rd Roundabout’ as Vistry Homes CEO mentioned in that meeting, SCD are actually determined that their present plans should not change. So we have to question did they ever have any intension of entering in to discussions in good faith”.
“It’s very frustrating but we plough on, determined that the voice of these protected trees and the many residents of Wellingborough who hold this avenue of trees in such high regard, will be heard one way or another”.
Raising Funds
Ms Turner-Hawes goes on to say “we have already raised more than £23,000 in donations to take action to protect the trees and safeguard our Embankment area. People from Wellingborough, both near and far, have been so kind and amazing really. But the legal process is a costly business and we need to raise more funds to ensure we can defend our case in Court, if the Judge accepts this. So if people, businesses or community bodies are able to contribute this would help ensure the voice of the trees and local residents are properly heard”.
“We can not say if we will be able to save the trees but we are doing our utmost to ensure that can happen. We had hoped this could happen through mutual agreement where the trees could be saved and the developer would still get their roundabout but it appears this is now less likely, but we carry on and we trust that the people of Wellingborough will continue to support these efforts to save the Trees and the natural heritage of the Walks”.
If you wish to make a cash donation please complete the form on the ‘Donate’ page of the website and our colleague will be in touch with you to make arrangements.
Once again thank you so much for your kind support
Hopefully you are aware that we filed our claim for judicial review on the 18th May 2023, and we immediately asked the court to ‘stay’ (pause) proceedings to allow time for discussions to try and resolve this issue out of court.
The court has been investigating that request, and noted the failure of both the Council and Stanton Cross Developments LLP to respond to our request for an agreed ‘stay’.
As a result, the court ordered last Thursday that all parties come up with a joint plan for how to use any pause effectively to resolve our differences or to set out why that cannot be agreed. The judge has required us to produce this plan by lunchtime this Friday.
With the help of our solicitors, we have written out a timetable, which we think will help the parties work together to try to avoid further felling and resolve the dispute. We have sent this draft timetable to the other parties with the hope that they will agree to it and for their input.
If this plan is agreed, it could offer a clear route to resolving these matters by the end of July, although there is no guarantee that the parties will agree even after further discussions, so we could still end up in court later on.
What is helpful is that the court has put pressure on all parties to respond to our proposals instead of us calling for certain actions but getting little response.
So, we welcome the court’s intervention to help move things on.
Possible Technical Solutions
Secondly, at the meeting on the 19th May 2023, it was agreed that we would meet with staff from the Stanton Cross Developments LLP to have technical discussions about possible changes to the road layout south of the roundabout.
We wrote last week and again yesterday to the developer, requesting certain information to enable those discussions. We have also recruited a highways expert to help us understand the developer’s proposals and put forward some of our own ideas, where appropriate.
We hope a meeting with the developer can take place fairly soon once the information we have requested is provided.
We will keep you posted on the results.
Raising More Funds
Finally, as you can imagine, all of these actions are costing a great deal of money.
People have donated a significant amount to help towards this campaign, so far more than £23,000. However, the legal work and highways advice is costing a great deal even though we are managing to get discounts at every stage.
At last night’s WWAG committee meeting we noted that, given all the work the legal team has done in the last few weeks, we have spent a significant amount leaving us with about £7000. The work that is planned, if the timetable is agreed, will use up the remainder of these funds and more.
Next week we plan to launch a further fundraising campaign to provide the further resources we need to help us save the remaining protected trees on the Walks.
We are so grateful for all the contributions that continue to be made to this campaign. Please know that we are squeezing benefit from every pound that is being donated, but the legal route is a costly process even when we have an excellent team guiding us.
Can Anyone Else Help……?
Please do think of any other people, businesses or community organisations that might wish to help us. Once again, tell friends and family, neighbours, acquaintances, about the campaign, and that they can make a donation at any point.
Please go to the to donate page or contact Jonathan Hornett if you wish to make a cash or cheque donation. Every penny really is making a difference to help us save the trees.
Our Fundraising Bingo and Bar-Be-Que ‘Shindig’
On that note, this Friday evening (2nd June) we have our wonderful BINGO and Bar-Be get together. This offers another opportunity to raise funds and a chance for everyone to get together and once again enjoy each other’s company.
There are more tickets to buy so if you haven’t ordered your tickets yet please do. The weather looks like it will be good for our barbecue. So it will be wonderful to see you all there, and if it turns out you can make it at least you know your funds will go towards saving the trees!
Please go to our Bingo page to buy tickets in advance. If you wish to buy them using cash or cheques, again please let Jonathan know.
I look forward to seeing you all on Friday evening, proceedings kickoff at 6:30pm
Finally, a massive THANK YOU to everyone for your continued support and efforts at all levels to save the trees on Wellingborough walks.
