Interim injunction against Plymouth City Council continued

Plymouth straw

Sir Ross Cranston ordered the continuation of the interim injunction obtained in the early hours of 15 March 2023 on behalf of Ms White, a Plymouth resident and founder of Save the Trees of Armada Way (STRAW) against Plymouth City Council in response to their late-night felling of 110 trees in the centre of Plymouth.

The decision to fell the trees was taken by the Leader of the Council, Richard Bingley, using urgency procedures to avoid call-in by councillors.

The Claimant contended that the use of the urgency procedures was unlawful, that the decision had been taken without a valid screening opinion under Environmental Impact Assessment requirements and that the Council misunderstood advice taken about the protection of nesting birds.

In ordering the continuation of the injunction, the judge found that there was a serious issue to be tried and that the balance of convenience was in favour of continuing the injunction because once the trees are gone, they are gone. The injunction was also varied to allow the Claimant a say over the removal of felled trees and stumps, requiring her views to be taken into account by the Defendant because of the key role she had played in the proceedings.

Harrison Grant Ring solicitors act for the Claimant. Mr Richard Harwood KC of 39 Essex Chambers is instructed.

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