Council accused of trying to stop Armada Way tree-felling protest

A 'calculated course of conduct' to 'thwart any chance of protest'

Plymouth City Council was accused of deliberately trying to prevent any protest when it chopped down 110 trees in Armada Way last year, the High Court has heard. In a one-day hearing the authority faced the accusation of using a “calculated course of conduct” to “thwart any chance of protest” during the tree-felling in March 2023.

Alison White, founder of the action group Save the Trees of Armada Way (Straw) has brought the contempt of court legal action alleging the authority breached terms of an injunction which prevented it felling all 129 trees. Barristers for Ms White argued the council did not give protesters sufficient time to challenge the tree removal.

Lawyers for the council told the court, in London, the case was “not exceptional” or of “general public importance” as a council inquiry was due to take place into what had happened. The court heard Richard Bingley, Tory council leader at the time of the tree destruction, signed an executive decision to allow the operation to go ahead, which was published online at 6pm on March 14, 2023.

Within minutes contractors, security guards and the police sealed off the site, the court was told. In written submissions, Rachel Sullivan, representing Ms White, said Straw was notified of the decision five minutes before it went public and this “thwarted any chance of protest” by the group.

She added that the action was a “calculated course of conduct”, and the short period between the document being signed off and work commencing was “an intention to prevent the claimant” from challenging the decision. The court heard an injunction halting the works was signed off at 12.29am on March 15 and workers were made aware of its existence at 12.35am.

Ms Sullivan said the council was “aware of the possibility of an injunction” and had “taken steps to prepare for this”. She added that there was “no real doubt” as to what work the injunction restricted, but contractors carried on until work officially stopped just after 1am.

As a result, just 19 trees remained on the piece of land, the court heard. The barrister said: “The claimant considers that the present proceedings are the only vehicle through which the lawfulness or otherwise of the defendant’s conduct can be investigated by the courts. It is not in this context relevant that the defendant is holding its own investigations: questions of lawfulness are for the court, and only the court can determine them.”

Ranjit Bhose KC, representing the council, said in written submissions that Ms White had “not stated what is intended to be achieved save, as with the claim itself, to ‘have her day in court’”. The barrister said Ms White did not instruct solicitors to secure an injunction until 9pm and that she had known of the council’s decision since 5.55pm that day.

He said that as a result of the fellings, Mr Bingley resigned from his post as council leader and that at the May local elections, the Conservative administration lost control to Labour. Mr Bhose added that an inquiry into the fellings would commence after Ms White’s legal action finishes and that a proposal to plant 163 trees on the site had been submitted by the council.

The court heard Ms White began contempt of court proceedings in November 2023 but these were paused until a legal challenge concluded. This judicial review case, into whether the council acted unlawfully, was dismissed by the High Court in March.

Ms White then applied to resume contempt proceedings in April this year. Mr Bhose said: “There is no public interest that requires the issues raised by the application should be resolved.”

Mr Justice Sheldon will give his ruling in writing at a later date. After the hearing, a Plymouth City Council spokesperson told PlymouthLive: “The judge has reserved judgement. So there is no outcome today, we will wait to hear.”

Following the hearing, Ms White said: “We felt it went well.” She said the case was about “sending a message” to Plymouth City Council and other local authorities that they “ought to respect the courts”.

She said lawfulness was one of the aspects that would be examined in the independent learning review which will be carried out into the Armada Way affair. She said: “I don’t see what harm there is in the court determining the legality, surely that will help the review?”

Ms White also denied the action had been brought merely because she wanted to “have her day in court”. She said: “It’s about justice and accountability - not a personal vendetta.”

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