Rochford tree protest: High Court grants injunction for Bloor Homes

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Protesters at a tree in Ashingdon Road, RochfordImage source, Stuart Woodward/BBC
Image caption,

The developer, Bloor Homes, asked for an injunction to cover between February and April

A High Court judge has granted an injunction banning protesters from obstructing the felling of an oak tree.

The developer Bloor Homes scrapped plans in October to remove the tree in Rochford, Essex, when demonstrators set up camp at the site.

Both the company and protesters confirmed an injunction was granted on Friday and were waiting for it to be ratified.

Bloor claimed the work was necessary as part of its plans to build 662 homes.

Image source, Save the Holt Farm Oak Tree
Image caption,

Leanne Dalby pictured with one of two fellow protesters who were ordered to attend court on Friday

"I'm of course gutted, but I expected it to go in their favour," said Leanne Dalby, a 42-year-old Rochford resident and IT recruiter, who was ordered to attend the hearing.

"It will break my heart to see the tree destroyed but I won't give up trying to convince Bloor not to do it."

Bloor, whose development was approved by the Planning Inspectorate in March 2022, has permission to fell the tree to make way for a new junction in Ashingdon Road.

The company agreed to pay Rochford District Council £67,560 in compensation for the loss of the tree, external, which is subject to a Tree Preservation Order, and a further £75,000 for tree planting nearby.

Image source, Jamie Niblock/BBC
Image caption,

Residents say they have had a protester sleeping in the tree since 20 October

Contractors were preparing to start felling it on the Monday of October half-term while children at the nearby Holt Farm infant and junior schools were at home, but they ditched the work after a group of residents set up camp four days beforehand.

The group said at least one person has remained on a wooden platform in the branches, including overnight, ever since.

The claim documents produced by the High Court, seen by the BBC, noted that ownership of the land where the tree was planted was "unregistered" but that "the land that abuts" the location was conveyed to Essex County Council in 1953.

Image source, Pegasus Group
Image caption,

The 662-home development was approved after a public inquiry

Image source, Pegasus Group
Image caption,

An artist's impression of how the junction would look after the tree is removed

It noted that the injunction would "limit the precise way" that protesters could exercise their rights under Article 10 and 11 of the European Convention on Human Rights, but that the claimant had a "private law right" to fell the tree.

Bloor Homes requested that the injunction, making it illegal to "deliberately" obstruct the removal of the tree, would cover from 09:00 GMT on 6 February 2023 until 18:00 BST on 16 April 2023.

"The High Court injunction means we can now move forward and plan the safe removal of the tree in February during half-term," said a spokeswoman for Bloor Homes.

"It is regrettable that matters have culminated in this way."

Ms Dalby said she would honour the injunction, although said she planned to spend Christmas Eve sleeping under the tree.

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