[Announce] Alexandra Gardens trees to be cut
John Lawton
john at lawton.me.uk
Fri Mar 27 09:27:36 GMT 2015
Dear All,
the AGTG http://www.alexandragardens.org.uk/ have fought a valiant fight
to save the trees, but there is bad news from them about the recent
legal fight, see below. They deserve our support.
We are disgusted to see such a wanton act of political cowardice from
the the Labour Council in forcing through these cuts in the face of
pressure from big business insurance rather than spending resources in
defending and preserving our green spaces as we would expect them to do.
It is our view that as a result they have lost all credibility in
preserving our precious public assets.
Councillor O'Reilly stated at the time that she entered politics that
she did so to preserve these trees. It is regrettable that her political
career has so soon encountered such a fundamental failure.
John Lawton
SOS Chair
Here is Andy's recent message:
AGTG group update 26/3/15
Dear Supporters
Thank you so much for your donations, pledges and advice over the past
week. I am sorry we may not have replied to all, but all were received
gratefully.
The sad news regarding the Alpha Road trees is that we have lost the
case and they will be cut severely - probably tomorrow (Friday) or
Saturday or Monday at the latest. There is no further legal redress we
can seek. So it is the end of the road for these five trees in their
pristine state, as Carina O’Reilly proclaimed back in January.
I spent today in the Appeal Court with our lawyer - Richard Buxton - and
the barrister who was representing us. Simon Pugh, CCC’s Legal Officer,
was also present throughout. It was a dispiriting experience, but at
least we know that we took it as far as possible.
I won’t go into the full detail of the case because (a) it would take
too long, (b) I would probably hideously misrepresent the whole thing
and (c) I can’t face it now. We will send the transcript on when it
becomes available.
The very very brief summary is that McCombe agreed with Mittings, the
High Court judge who heard our original application to apply for
Judicial Review. Today’s hearing was almost all about legal procedure;
no real facts were discussed. It was eventually decided as a balance of
probabilities of risk, couched in high Legalese. I’m assured - by the
barrister - that the higher you climb the “tree” (sorry - his metaphor)
of the system, the more precise the argument becomes - you get trapped
on one particular “branch”. And so it was here in the rarified Appeal
Court. But still, essentially the decision boiled down to the
“nuisance” of damage to buildings vs. the loss of public amenity. It is
obvious that private nuisance wins that argument in English law. No
factual discussions of root trespass, evidence or anything so tangible
were entertained. As it turned out, the “branch” we were trapped on was
our assertion that the consultation had been poor. Even if we had won
the case on that ground, it would likely have been a Pyrrhic victory as
I heard Pugh say today that in that case he would have simply
re-consulted more rigorously in September. We would have had no defence
against that.
We have no way of knowing if any of you are interested enough to keep
pressurising the Council if they - as we expect they will - decide to
prune the other trees along that avenue because their insurers - Zurich
- may insist they do as a precautionary measure. We would like to think
you are still keen, although we would understand if you’ve had enough.
Perhaps more importantly - and more ambitiously - we hope that some of
you might be interested in using the momentum we’ve gained to raise
awareness of this nationwide problem of the loss of large park trees
because of aggressive insurance companies and compliant councils. It is
time that trees are seen as a public asset rather than being associated
in law with “nuisance”. Richard Buxton is certainly keen to keep the
momentum going, calling what councils are doing “environmental
vandalism”, done only because they have no will to think around the
subject.
But that’s for later. I don't have the energy to think about that at the
moment Now it’s time for a short break. Thanks once again for your
generous support.
Andy
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