Judicial review into Plymouth tree felling dismissed

More than 100 trees were chopped down in Plymouth city centre in March 2023

A case to consider whether the felling of more than 100 trees in Plymouth was unlawful has been dismissed.

Judge David Elvin KC was asked to consider whether Plymouth City Council acted unlawfully when it cut down more than 100 trees at night.

The council successfully argued the case was "academic" as it had already withdrawn the decision.

Despite ruling in the council's favour, the judge was scathing of the council's conduct relating to the hearing.

The authority's former Conservative leader Richard Bingley signed an urgent procedure order for trees in Armada Way to be cut down in March 2023.

When Labour took control of the council in May 2023, the new leader Tudor Evans withdrew the decision.

The case against the council was brought by Ali White, from Save the Trees of Armada Way (STRAW).

'Highly unsatisfactory'

The judge said as the decision to fell the trees was revoked there was no reason the case should be heard.

He said the court could not have ordered the trees to be reinstated and that a new scheme involving the planting of 163 semi-mature trees had already been approved.

The judge was highly critical of Plymouth City Council's conduct relating to the court proceedings.

He said the local authority's production of evidence had been "highly unsatisfactory".

The city council has approved plans to revamp the city centre

Plymouth City Council told the court it had withdrawn the decision in May 2023 and had done everything it could to save remaining trees.

The council said Mr Evans also accepted a full council decision in July to commission an independent review which was still planned to go ahead.

It also agreed to give an undertaking to the court regarding the terms of the review.

The council said it was "hard to see how it could have done more".

'Learning points'

A spokesperson said: "It was never in the city's best interests to argue the rights and wrongs of a decision that had been withdrawn and we are pleased that the judge has agreed.

"We agree with the judge that there are some learning points for the council around our internal processes."

They added they hoped to "draw a line under this" and "move forward".

Richard Bingley, the former Conservative council leader, said "common sense and accuracy has prevailed" in the decision.

He said: "Hopefully now the city council can get on with the job of regenerating our outdated city centre which has the potential to offer some of the best shopping, housing and leisure facilities in the UK."

'Extensive wrongdoings'

A spokesperson for STRAW said had the proceedings not been brought to the court "we would not have saved any of the trees" and "would not have exposed the extensive wrongdoing of the council".

They added the decision was "extremely concerning".

"What this decision has done is to set a precedent for public bodies to make unlawful decisions, carry out irreversible acts, and then be immune from legal challenge through judicial review.

"Not only that but councils can help their own case in avoiding repercussions by behaving badly in the aftermath, further restricting any chances of a case being brought against them.

"Basically, it's a blueprint for irreversible, unlawful damage with very limited consequences."

The High Court previously rejected Plymouth City Council's application to have the judicial review thrown out.

In February, the council approved new plans to regenerate Armada Way involving planting more than 200 trees and building a new play village at a cost of about £37m.