Plymouth City Council’s controversial night-time tree felling raid wasn’t a contempt of court, a High Court judge ruled today.
The council made headlines in March 2023 when it sent contractors, accompanied by police and security guards, to fell more than 100 trees on Armada Way, Plymouth, just minutes after approving the redevelopment of the site at an evening council meeting.
The plans had already attracted strong local opposition and a campaign group had been set up to guard and protect the trees. Even so, the speed of the council’s actions caught them by surprise.
When heavy machinery for cutting arrived on site at 7pm the protestors realised what was going on and informed their lawyer who obtained an out-of-hours High Court injunction ordering the council to stop the felling. The contractors downed tools just before 1am, half an hour after the injunction was granted.
Two weeks later, the leader of the council resigned and, in the local elections two months after that, the ruling Conservative Party was voted out. The new Labour administration abandoned plans to fell the trees, instead adapting them into the regeneration plan.
Even though the trees are now safe, litigation has continued. In a hearing last month, lawyers for the campaigners argued the council’s actions on the evening of the planned felling were in contempt of court. If proven, this could potentially result in prison sentences for officials involved.
According to court papers, they argued the council’s actions, which were both surprisingly fast and lacking in transparency, were designed to impede the protestors’ ability to bring a court challenge to their actions, thus making it a contempt.
However, in his ruling handed down today, judge Mr Justice Sheldon disagreed.
“The overwhelming evidence is that the council’s conduct was mainly designed to avoid protest, rather than legal action,” he said.
“The evidence before the court demonstrates that there was a real concern that there would be ‘direct action’ taken against the plan to fell the trees. That explains why security guards had been engaged by the council… and the police were involved.”
He also pointed out that the protestors did manage to successfully bring a court challenge that stopped the felling.
White v Plymouth City Council
Planning Court (Sheldon J) 13 November 2024
