Bid to take Plymouth City Council to court over tree felling fails

A campaigner's High Court attempt to initiate contempt of court proceedings against Plymouth City Council for the felling of more than 100 trees has been unsuccessful.

Alison White sought permission to proceed with a contempt claim after the council chopped down 110 trees as part of a huge Armada Way regeneration project, which will now cost close to £30m.

Ms White's legal team contended that the council did not provide adequate time for protesters to legally challenge the tree removals. The court was informed that council leader Richard Bingley authorised the tree felling on March 14, 2023, at 6pm, and shortly thereafter, contractors, security, and police cordoned off the area.

An injunction was issued in the early hours of March 15 to halt further work. Mr Justice Sheldon, however, dismissed Ms White’s contempt application today (Wednesday, November 13), following an earlier dismissal of a related legal challenge as "academic".

In his 22-page judgment, he stated: "I do not consider that it can sensibly be argued that the claimant was precluded from obtaining access to a court so that the administration of justice could not be carried out." He added that the evidence overwhelmingly indicated the council's actions were aimed more at preventing protest than evading legal proceedings.

Mr Justice Sheldon later said there was “no real prospect” of Ms White proving a substantive contempt of court had been committed.

He continued: “There is no real purpose to be served by the court hearing an application for contempt solely for the purpose of seeking to hold the council to account for something which made no material difference.”

The High Court in London previously heard that the council will carry out an inquiry into the fellings after the legal action and that proposals to plant 163 trees have been submitted.

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