Landowner defends paintballing and airsoft 'killzone' in ancient Derbyshire woodland

Erewash Borough Council is looking to put a tree preservation order on the part of the Kirk Hallam woodland used by the paintballing and airsoft company

The owners of an ancient Derbyshire wood claim permission is not required for an airsoft and paintball “killzone” which has been operating for years without planning consent. An Erewash Borough Council meeting last night (Wednesday, October 16) saw councillors debate plans for a tree preservation order [TPO] to be adopted for the entirety of Lady Wood, off Ladywood Road just to the west of Kirk Hallam.

Councillors were told that while a rural TPO is rare, with orders usually put on trees in more built-up areas, there was felt to be a need due to part of the wood being “at risk”. Borough council officers had written: “There is no necessity for trees to be at risk in order to justify the making of a TPO.

“In this case, the use of the woodland for paintballing activities, the erection of some buildings and the formation of an informal access mean that there is a potential threat of damage to the trees.” Cllr Jon Watkin, a member of Dale Abbey Parish Council, claimed the council had given “tacit approval” for the paintballing and airsoft company Killzone Airsoft to operate within the ancient woodland.

He said the 28-acre woodland, within the protected Green Belt, was home to the recreational business which had been operating, without permission, for more than a year, resulting in a “dramatic” change of use. Google reviews for the site stretch back two years, while its Facebook page was set up on in July 2022.

Cllr Watkin said the introduction of a large number of people to the site was having a “significant” impact, with the business also including food and drink facilities. Steve Birkinshaw, the council’s head of planning, said: “This council is not aware of everything that happens in this borough. The commit has not given tacit approval. It has not given tacit anything.”

Jack Peacock, from Sandiacre, whose family has owned part of Lady Wood for 25 years, told the Local Democracy Reporting Service: “The woodland has had a TPO across every tree for 60 years since 1964, which obviously, as owners of the wood, we are well aware of. We’ve pointed out to the council on numerous occasions that there is already a TPO on the woodland to try and save them this admin.

“We used a Forestry Commission-approved felling licence to thin an oak in a responsible manner recently and the TPO doesn’t prevent our tenants from using the woodland for recreational purposes as they do not remove or trim any trees. We’ve had recreational tenants in there for over 10 years. You don’t need planning permission for these use cases.”

Mr Birkinshaw said an alleged TPO was said to exist and pre-dates the council itself and would have been held by Derbyshire County Council, which cannot find any evidence of a TPO. A report from borough officials says no evidence to prove a TPO already exists has been submitted.

Mark Annable, 54, from Derby, owns a separate part of the wood – with the wood owned by three separate landowners, and hopes to continue hosting autism drop-off events for children and young people who need to let off some steam, away from the hustle and bustle of their daily lives. He says a TPO on the woodland would be too prohibitive and bureaucratic and could cause him to sell up and move on.

Mr Annable told the meeting he and his family had planted 5,000 trees in the wood and their sole purpose of buying the land was to improve it for wildlife and wider biodiversity, with the support of the Forestry Commission. He said: “I just want to plant trees and to be left alone. My woodland is well-used and the longer we manage it the longer it will be available for future generations.”

Cllr Robert Mee, a self-confessed “tree-hugger”, said the ancient woodland needed to be protected and said he had “grave concerns of the viability of unlawful paintballing”. He said: “There is no suggestion that the owners are not looking after their bit of woodland, but we are in danger here of tarring all the owners with the same brush, all because of the activities of a third party outside of their control.”

Cllr Mee said the TPO should just focus on the area of woodland used by the paintballing and airsoft company, saying “there is nothing worse than unnecessary bureaucracy”. Mr Birkinshaw said: “There isn’t an imminent risk that the trees will be paintballed to death if the TPO were to lapse.”

However, he said the council was not in the habit of contacting landowners before adopting TPOs to avoid potential action being taken on trees before the order is formally brought in. Councillors agreed by a vote of eight in favour and four against to reject the plan to place a TPO on the whole woodland and sent officers off to redraw a new legal agreement for a TPO just on the paintballing and airsoft site, which would be carried out within a month.

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