Tree protection orders WERE breached as Wellingborough Walks campaigners victorious in High Court

In a ‘David vs Goliath’ battle, WWAG raised more than £70,000 to pay for an expert lawyer to have their case heard, in a judicial review, in front of deputy High Court judge Dan Kolinsky.

A written ruling published this afternoon (Tuesday, May 21), Judge Kolinsky set out his findings after WWAG took North Northamptonshire Council (NNC) – in their role as the local planning authority – to a judicial review

The proceedings arose out of the ongoing and evolving public protest as to whether the works to these tree preservation order (TPO)-protected trees was permitted – and what further work would be permitted without express consent or further approval under the applicable conditions to the planning permission.

He said: “I have rejected the Interested Party’s (Stanton Cross LLP) contentions that no further approval was needed for the felling of protected trees (having regard to the conditions attached to the 2017 planning permission and the extent to which the necessary tree loss is defined in the approved plans).”

Legalities surrounding the planning permission for one of Wellingborough’s largest housing development and the eastern bypass Route 2 had been scrutinised at the High Court in London.

WWAG and supporters travelled to the Royal Courts of Justice on April 30 and May 1 to hear legal arguments surrounding the trees felled in London Road to make way for the road to the Stanton Cross estate.

WWAG galvanised their community, put their lives ‘on hold’ to have their voices heard and to ‘save the trees’ and be consulted and challenge the felling of trees on The Walks each legally protected by an individual tree preservation order (TPO).

Marion Turner-Hawes chairperson of WWAG said: “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.”

Marion added: "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 (NNC), Stanton Cross Developments and the police. Lessons must be learned if we are to protect our natural assets from environmental crimes.”

Jason Smithers, NNC leader, said: “We accept the findings of the court and the judgement which has been laid out today. We acknowledge that mistakes have been made.

“This case was a particularly complex mix of planning matters and points of legal clarification. Now we have received the judgement, we will review it in detail and see how we can further strengthen our internal processes to make our decision making more robust going forward. We are determined to learn from this.

“We recognise the strength of feeling this issue has generated in the community. Councils often carry out a difficult and complex role in their local communities. Like many councils, we need to recognise the need for new housing developments and growing the local economy while at the same time, safeguarding local communities and protecting the environment. That can often be a difficult balancing act.

“While we don’t always get things right, we want to reassure our local communities that we have always acted with their interest at heart and will continue to do so.”