Deputy High Court judge hands down ruling on interaction between planning and tree preservation regimes

The High Court has confirmed that the tree preservation and planning regimes must work together and that developers relying on the planning permission exception to the tree preservation regime do not have free rein to cut down trees.

This arose following a case brought by local campaigners Wellingborough Walks Action Group (WWAG) against North Northamptonshire Council and Stanton Cross Developments.

In Wellingborough Walks Action Group Ltd, R (On the Application Of) v North Northamptonshire Council [2024] EWHC 1225 (Admin) Dan Kolinsky KC, sitting as a deputy judge of the High Court, found in favour of the campaigners after the developer cut down 16 protected trees.

These lime trees form a line each side of the pavement along a main road and date from Victorian times.

They are all protected by a tree preservation order but the developer said it needed to fell some to proceed with a project for which it has planning consent.

Alice Goodenough, of Goodenough Ring Solicitors, who acted for WWAG, said: “This is welcome news for environmental campaigners, particularly those in Wellingborough and members of WWAG, some of whom were arrested and cautioned by the police for protecting the beloved ‘walks’, an historic boulevard of lime trees.”

She said Mr Kolinsky had clarified that the requirement is a strict one for any felling to be ‘necessary’ to implement a planning permission (regulation 14 of the Town and Country Planning (Tree Preservation)(England) Regulations 2012).

“The judgment also confirms that all relevant planning conditions must be discharged before the exception can be relied upon,” Goodenough said.

“This is not only correct in law it is also pragmatic, given that it may assist in determining whether it is indeed ‘reasonably possible’ to save further trees.”

She added that no enforcement has taken place against the developer for the unlawful felling of 16 protected trees, but the court “recognised the gravity of the developer’s actions in ordering the [developer] to contribute to the claimant’s costs”.

WWAG’s chair Marion Turner-Hawes said: “We hope that the decision will allow people arrested and cautioned for defending the trees to clear their name and that the police will reflect on how they enforce the law in a more even-handed way in future.”

Northamptonshire Police declined to comment.

Council leader Jason Smithers said: “We acknowledge that mistakes have been made.

“This case was a particularly complex mix of planning matters and points of legal clarification.”

Cllr Smithers said North Northamptonshire would review the judgment to see how the council could strengthen its internal processes to make its decision making more robust.

He added: “We recognise the strength of feeling this issue has generated in the community. Councils often carry out a difficult and complex role in their local communities.

“Like many councils, we need to recognise the need for new housing developments and growing the local economy while at the same time, safeguarding local communities and protecting the environment. That can often be a difficult balancing act.”

Mark Smulian