Trees legal battle in the High Court next week

The outcome will be known in three to six weeks

A judicial review to decide whether Plymouth City Council acted legally when it chopped down more than 100 trees on Armada Way in a late-night operation last March will be heard in the High Court in London next week.

The case, set for Tuesday and Wednesday, has been brought by protester group Save the Trees of Armada Way (Straw).

It will argue that the council, at the time under Conservative control, used an emergency order to fell the trees as part of a redevelopment plan without full scrutiny.

It will also claim the authority failed to get proper advice to carry out an environmental impact assessment, did not take account of nesting birds and that a report on the consultation was biased.

The hearing was delayed after the now Labour run council tried and failed twice to get the case thrown out. It said the original decision is now “academic” as  there are new plans for Armada Way. The court, though, said the applications were “misconceived”.

Costs to the taxpayer so far from the clean-up operation after the trees were remove, together with subsequent legal costs, are understood to be close to £300,000.

London-based Goodenough Ring Solicitors, acting on behalf of STRAW, are holding more than £28,000 pledged by the public to fight the case through a Crowdjustice campaign.

The firm said that the results of the judicial review would not be known for three-to-six weeks.

It said a further legal action by its client is being considered, alleging a consultation on new plans for Armada Way last October and November failed to provide enough details on the cost.

It was revealed in January that scheme is now likely to cost £37 million, compared with original redevelopment plans of around £13 million.

A spokesperson for Goodenough Ring said a letter before that stage of legal action began had been sent to the council, but a decision had not been taken yet on whether to proceed as it depends on the outcome of next week’s hearing.

In a statement, Straw said: “It’s disappointing that not only are Plymouth City Council still defending what they did last March, but that this hearing did not happen months ago, as it should have.

“Plymouth City Council have been wasting time and taxpayers money, kicking the can down the road, but we are pleased that the hearing is finally happening. I think the people of Plymouth deserve to know if their council has acted unlawfully or not.

“Obviously we hope to win and we hope that this action will send a strong message to all councils that the unnecessary destruction of our trees and green spaces is simply not on.”

A spokesperson for Plymouth City Council said: “The judicial review is based on a decision made by the previous council administration. Following the election last May, the new council leader withdrew that decision when he first took office. Therefore, the original decision, which is subject to the judicial review, was not implemented any further.

 “While we remain hopeful that the judge will agree, it is important to remember that the legal hearing does not impact the current plans to regenerate Armada Way.

“Our city deserves to have a better city centre – a city centre that rivals others across the country and one where people want to live, work, visit, shop and do business in.”

The plan includes more than 200 trees, which is more than previously on Armada Way.