Council's bid to end legal action over trees rejected

The trees were felled overnight in Plymouth city centre as part of a regeneration project

The High Court has rejected Plymouth City Council's application to have a judicial review thrown out after more than 100 trees were felled in the city centre.

It comes after former Conservative leader Richard Bingley signed an order for 129 trees to be cut down in Armada Way on 14 March as part of a regeneration project.

An injunction stopped the felling and a High Court Judge in London kept the court order in place, which prevents the council from cutting down about 20 trees still remaining.

Labour council leader Tudor Evans has since scrapped the tree felling order and wanted to end the legal action, but a judge disagreed and said the local authority’s application to have the case thrown out was “misconceived”.

The trees were cut down overnight in March 2023

Mrs Justice Lang DBE said: "In my view the application is misconceived.

"Permission has already been granted for a substantive judicial review hearing."

The hearing will go ahead unless an agreement is settled outside court and will determine whether the former council leader's decision to approve the felling was unlawful.

Mr Evans said he was "disappointed" in the decision not to withdraw legal proceedings.

"Whilst we are disappointed with the court’s decision and will now consider our next steps regarding the legal action, we are going to continue looking forward on the future of Armada Way and not dwell on the past," he said.

Efforts to remove the felled trees from Armada Way were put on hold in April because of concerns about nesting birds.

Mr Evans then scrapped the controversial scheme when Labour took over the council in May.

The leftover trees have caused some frustration with local traders, who said the trees were putting people off from shopping in the area.

Plymouth City Council confirmed the stumps of the felled trees between the sections on Mayflower Street, Cornwall Street and New George Street would be removed by Friday.

Mr Evans said: "We have already created the cut through in the fencing, enabling people to access the shops more easily and I was always clear that the removal of the stumps should take place well before the summer holidays.

"By removing the stumps, we will be able to further pull back the fencing, enabling even more space and access to shops".

Mr Evans added the work would happen during the day whilst being supervised by an ecologist.