Wellingborough tree felling delayed again by protesters with a bat report as barrister casts doubt on clearance work

Action to stop the felling of the remaining historic trees in Wellingborough’s London Road has continued with activists disrupting work once again today (Monday).

As protesters stood in front of lorries carrying equipment, behind the scenes evidence gleaned by local wildlife enthusiasts was being reviewed by Northants Police.

It was hoped by campaigners that their findings of ‘bat activity’ in trees close to the River Nene would be sufficient to pause proceedings – and for a time it did.

The officer on the scene confirmed that the felling would not take place ‘until we have seen a bat survey’ and that ‘they are not to cut down the trees’.

But the report containing sonar readings was not valid or enough to supersede the report commissioned by developer Vistry. Northants Police officers were satisfied that the ecological report carried out in the run-up to the felling was correct.

With the hopes of the bat report shattered, workers attempting to section off the road tried to move in. Once again residents stood their ground in the road and on the pavement close to the doomed trees.

Again those standing in the ‘work’ area were read a warning that they were committing aggravated trespass contrary to section 68 of the Criminal and Public Order Act. Again people stood their ground.

Wheelchair user Gemma, who did not want to give her surname, said: “I don’t want to be arrested and I am not prepared to be arrested but I am prepared to stand to the last minute.”

Many passing motorists hooted or waved their support to the placard-waving protesters. Some others shouted at them and one van driver stopped to remonstrate with campaigners, such was his anger at the planned road closure.

Protesters heeded police warnings, standing by the side of the road. Life-long Wellingborough resident, 54-year-old Terry Benfield a bio-medical engineer, has been showing his opposition with homemade placards.

He said: “I’m angry. It’s not just the trees, it’s the ecology and trees. Trees equal life, destruction equals death. We’re not eco warriors, we’re just normal people.”

Dogged campaigner Cllr Marion Turner-Hawes (Ind), who stayed up until 3am working remotely with tree barrister Paul Powesland, has now passed on his legal advice to North Northants Council (NNC), developers Stanton Cross and Northants Police.

She said: “I received the legal opinion from the barrister. In summary, he advises that the 'exemptions' from the protection of the existing Tree Preservation Order (TPO) covering all the trees on the Wellingborough Walks cannot be relied upon to 'allow' the present tree felling works being undertaken by contractors on behalf of Vistry Group, and as such, the Tree Preservation Order still stands, and therefore, any works on any of these trees would be a criminal offence.”

"I hope all colleagues (Stanton Cross, NNC and Northants Police) will take all appropriate steps to halt the works to fell the trees for the time being as stated above to allow time for pause and clarification.”

A spokesman for developers Stanton Cross said: “These approved works are delivering essential infrastructure for the people of Wellingborough and are being carried out in consultation with an independent team of ecologists and arboriculturists, who have undertaken extensive ecological work.

"On-site ecological supervision is ongoing to ensure full compliance with the relevant wildlife legislation. We have engaged with the local authority and police during this process.

"The work is part of consented plans that we are required to carry out as part of the planning permission. They are needed in the short-term to facilitate the diversion of essential utilities, including a high-pressure gas main, water, fibre optics and electricity, and in the longer term will boost the road network around the town, improving access in and around Wellingborough, and in doing so bringing major economic and lifestyle benefits.

“Trees often have to be removed for key infrastructure projects such as this, but we understand the level of local concern, and have continued to liaise closely with engineers and the ecology team to work through the plans and minimise the impacts of the work taking place. We have already reduced the number of trees that have to be removed in this instance to fewer than 40.

“During our ecological surveys there has been no evidence of roosting bats. However, in accordance with best practice guidance and as part of the necessary and thorough checks required, those trees identified by these independent specialists as having even a minimal to low potential of providing suitable features to support roosting bats, will not be disturbed and will be left in place.

“In the wider context, the development will see hundreds of new trees planted, the creation of parks and green spaces, as well as the provision of thousands of new homes, many designated as affordable housing, to local people, with homebuilders contributing more than £200 million to infrastructure improvements over the course of the project.

“During these works the safety of both the general public and our contractors is paramount, and we ask people to ensure they stay on the clearly signed footpaths and public areas and remain at a safe distance from the work at all times as it is carried out.”

The lime avenue from the River Nene road bridge to the Embankment roundabout were due to be felled today.

A spokesman for design and environmental practice FPCR said: “FPCR are a leading design and environmental practice working nationwide and have an ongoing role supporting the Stanton Cross Development as a whole.

"This includes environmental due diligence associated with the works at London Road. FPCR can confirm that appropriate ecological surveys following good practise guidance have been undertaken in order to provide a robust assessment of the potential bat habitats associated with the London Road trees.

"Based upon the findings is considered that clearance works have not affected any bat roosts and have been completed in compliance with the relevant legislation.”

A Northamptonshire Police spokesman said: “No criminal offences have occurred. We are in liaison with the site’s ecologist, who has advised that the trees which have been identified as possibly having bats present, will remain in situ.”