Day 1 in the High Court – Update 26th July

https://m.facebook.com/story.php?story_fbid=332211710570058&id=234745883649975

Tagged with:
Posted in Blog, News

People across Britain should watch with concern as Sheffield City Council drags protesters through court

The ongoing saga surrounding tree-felling in Sheffield will enter its latest chapter in Leeds today as a three-day court case with potential national ramifications for local democracy begins.


Read more at: http://www.yorkshirepost.co.uk/news/opinion/the-yorkshire-post-says-people-across-britain-should-watch-with-concern-as-sheffield-city-council-drags-protestors-through-court-1-8670105

Posted in Uncategorized

Sheffield City Council withdraws tree protest injunction claim

Sheffield tree protestors with John Cooper QC and Leader of the Green Party, Natalie Bennett

Sheffield City Council has agreed to suspend their request for a temporary injunction preventing tree protestors taking direct action to stop felling.

Instead, a full three day hearing will take place at Leeds High Court from 26 to 28 July.

Pending the hearing, no further action will be taken against eight named campaigners and “unnamed people” who stop trees being cut down.

Both parties said they were “very pleased” with the outcome.

Councillor Alison Teal and Rob Cole at the Save Our Trees demonstration outside Sheffield Town Hall. in February

Nether Edge Green Party councillor, Alison Teal, was one of those served with a legal notice in June.

Outside court barrister John Cooper QC for the tree group said: “My clients came here to stop the interim injunctions.

“The important thing for them was to have a full hearing so the important issues for a lot of people who live in Sheffield are articulated, argued, developed and challenged.

“That’s what we’ve got, so we’re pleased.”

Fourteen protestors were arrested between November and March for preventing tree fellings.

The Crown Prosecution Service dropped charges in March because of insufficient evidence and protestors have continued to prevent fellings by standing under trees.

Members of the public look on as contractors cut down a tree in Rustlings Road

In June, the council applied to the civil court for an injunction to stop the direct action.

Both parties agreed to return to court for a three-day hearing when a judge will hear each case and decide once and for all.

If the council is successful, the eight protestors plus “unnamed people”, will be banned from taking direct action or encouraging others to do the same.

If the tree protestors are successful, it is probable that recent actions to oppose fellings will continue and STAG hopes that the City Council will be willing to start proper discussions about how to bring an end to this costly and damaging dispute..

The tree protestors said they were “extremely pleased” by the withdrawal of the temporary injunction.

Letter from Sheffield City Council to Alison Teal

The group said waiting longer for a full hearing would mean many trees would be felled before they had a chance to put their case.

Paul Billington of Sheffield City Council said it was a “very good result”.

“We’re really pleased with the outcome today because we get a full trial much earlier than we thought, and we’re confident about the outcome.

“We’ll continue to do our best with what we believe to be a lawful tree replacement programme.

“No doubt the protestors will try to stop us, but the court will make a decision next week.”

http://www.bbc.co.uk/news/uk-england-south-yorkshire-40632699

 

 

Posted in News

Just £2 could save your trees

Yesterday the high court set a date for hearing the council’s injunction request, as next Wednesday (July 26th).  This means we have little more than a week to raise as much money as we can.  High court is an expensive business, and large organisations rely on that fact to bully the little guy.

The council will be seeking to apply this injunction not just to those who are represented in court, but also to ‘persons unknown‘. This means you! You may have never crossed a barrier, and yet the council is pursuing you in the courts!  This goes beyond the tree debate. This threatens your right to stand up for your beliefs, whatever they are.

If the injunction requested by the council is granted…

  • No one will no longer be able to cross the barrier and protect your threatened trees.
  • We would only be allowed to stand outside the barriers and watch as they cut down perfectly healthy trees.
  • With nothing to stop the felling crews our trees will soon be gone.
  • The character of Sheffield will be changed for at least a generation.

If everybody that has visited this website or read this tweet gave just £2, we could raise enough to defend our right to protest in court.

If due to work or other commitments, you’re unable to help defend your trees, help defend those who can. Without these funds, it could all be over.

Just £2 could save your trees!  So please give whatever you can.

Click here to donate.

Posted in News

The Latest Independent Tree Panel Results

Another batch of Independent Tree Panel results have been published, along with the council’s final decisions.

Aldam Way
Blayton Road
Crabtree Drive
East Bank Road
Ecclesall Road
Lathkill Road
Lees Hall Avenue
Montgomery Road
Oxford Street
Ridgeway Road
Smelter Wood Road
The Grove
Thorpe House Avenue
Woodstock Road

See the updated ITP page for details.

If you have found this information useful then please consider helping us protect your trees, by donating some money to the legal fund.  Just £2 could save your trees.

To read all about the council’s planned injunction click here and here.

Posted in News

Sheffield & Rotherham Wildlife Trust response to Nether Edge elm arboriculture reports

The council is proposing to fell a healthy and important elm tree, with no clear reason for doing so.

That is our conclusion, having carefully considered the council’s recently released independent arboriculture reports as well as the Independent Tree Panel (ITP)’s advice.

We have seen no evidence to suggest that the Chelsea Road elm tree is immediately unsafe and ‘significantly’ diseased. The ITP themselves refer to the elm as a ‘notable and rare species’ whilst the council’s own independent arboriculture reports state the tree is a ‘significant specimen’ and should be ‘managed as a free grown specimen’ following some crown reduction.

If the tree was immediately unsafe then this should have been declared in the inspection reports.

Both the arboriculture reports and the ITP’s report were commissioned in 2016 but have only just been released – in the ITP’s case almost a year after its original publication date. We have asked but received no explanation as to why it was felt necessary to keep this information from the public.

Once again, we ask the council to consider the ITP’s engineering solution recommendations or a low cost patch repair option for the road, as previously discussed with the Save Nether Edge Trees group, in order to retain this important mature elm tree, and the butterfly colony it supports, at limited expense to the city.

We wrote to the council’s solicitor two weeks ago to seek an explanation for this unnecessary decision to fell the tree. This letter is published on our website, alongside the recently received arboricultue reports, the ITP’s report and copies of our earlier correspondence with Councillor Bryan Lodge: wildsheffield.com/ne…/2017/…/14/chelsea-road-elm-tree-latest

Please share this post and encourage people to ask the council to reconsider their decision and not fell the Chelsea Road elm tree.

Posted in News

Save The Sheffield Elm Petition

A new petition has been started against the felling of the Chelsea Elm.

“In the midst of its ill‐informed and deeply unpopular campaign of felling trees across the city, the council, in its wisdom, has decided to remove a much loved and very rare elm tree. Quite apart from being rare, the tree is home to the threatened white‐letter hairstreak butterfly. But it’s damaging a pavement, so it has to go. The city is special because of its trees, not its pavements.”

Show your opinion of the callous attitude the council has shown to the concerns of residents and environmental experts.

Sign the “Save the Sheffield Elm” Petition

Posted in News

Another healthy tree felled – Whirlowdale Crescent S7

Destruction, not obstruction. Changing street scene, another healthy beauty axed now, needlessly, respected anywhere else.

Posted in News

Another healthy tree felled – Crawford Road

Crawford Rd, today. See the chipped wood in the background, that’s ££ of env benefits flushed away, recycled as shareholder profit, happy?

Posted in News

Great Yorkshire Post Article – Read!

Welcome to Sheffield, where you’ll be ruled with iron fists. One clutching YOUR money the other wielding a huge axe! More here

Posted in News

How has the tree battle come to this?

The Sheffield City Council has been, by any measure, behaving appallingly toward its citizens in its eagerness to see that healthy trees are felled. Just within the last year, they’ve carried out a dawn raid, rousing pensioners from their beds at 5AM to move their cars and arresting those who didn’t comply. They used Thatcher era strikebreaking laws to arrest nearly a dozen more protestors soon after. All of these charges were dropped, and soon the South Yorkshire Police refused to cooperate any further in the efforts against peaceful protestors. But the battle continues. Despite the ruling of its own hand-picked Independent Tree Panel that most of the condemned trees could be saved, the council is forging ahead in its determination to destroy healthy trees. And these aren’t just any healthy trees being destroyed. They are beautiful mature cherry and lime trees; a rare Elm tree home to a colony of endangered butterflies; and a series of trees planted as memorials to individual soldiers killed in World War 1. Such is their determination that they have now taken out injunctions against protestors (including a city councillor, Alison Teal) forbidding them to even speak in favour of tree protests or park their cars anywhere that somebody might want to do road works. And they have issued bullying documents threatening such injunctions even against passersby who stop to watch.

This is not the behaviour of a council behaving reasonably. A council behaving reasonably would enter into genuine dialogue with protestors who have repeatedly and carefully spelled out their views and objections, attempting to have discussions. Instead, Labour councillors turn their backs and check their phones when petitions force a “debate” at full council. When STAG did manage to secure meetings with the council, these were not genuine meetings with full discussions of solutions. Instead, the council attempted to “sell” them on such offers as two seats on the Independent Tree Panel— even though it had already become clear that the panel’s’ advice was being almost completely ignored.

A council behaving reasonably would respond with interest to the recent report from highway engineer Peter Townsend. Townsend noted that despite the continued presence of trees that would supposedly prevent resurfacing of Montgomery Road, the road had been successfully resurfaced. And this was, to him, wholly unsurprising: normal practice would not require the removal of the trees. But the council seemed uninterested in the views of any engineers other than those of Amey, the contractor.

A key reason for the council’s intransigence is probably the nature of the 25-year monopoly that private multinational Amey has under the PFI scheme. We can’t know for sure because of the unprecedented degree of secrecy regarding the contract, which makes it immune to public scrutiny. It may be that this makes commitments that somehow require the unnecessary felling of large numbers of healthy trees: we have no way to know. We do know, however, that the council seems to feel locked into a contract that is proving completely unsustainable and indefensible. And, such is the way with PFI contracts, it seems almost impossible to open this up to proper scrutiny and review.

However, we also know that the council has been handed an excellent justification to renegotiate the contract. Health and Safety expert Richard Davis recently explained at a public council meeting that during the contract negotiation Amey failed to disclose a conviction for the death of an employee in 2011, despite being required to do so by the terms of the contract. This breach of contracting conditions gives the council potential to renegotiate from a position of strength. This offers an immensely valuable opportunity.

What should we do with this opportunity? Have a genuine, open discussion in good faithof what is happening and what can be done. It’s not yet too late for Sheffield’s trees, and it’s not yet too late for Sheffied’s democracy either. All that is required is open discussion and reasonableness. STAG has offered that repeatedly. The council needs to do the same.

To donate to the legal fund defending peaceful protestors, go here.

To join the campaign go here.

Posted in News

Another healthy tree felled – Mona road

Mona rd, another healthy asset felled, with it all those ££ environmental benefits, what did I say about those speedy orange obliteraters

Posted in News

Another healthy tree felled – Norfolk Park

Now you see it… 🙂 Norfolk Park. Healthy, beneficial, felled for minor damage, fixed as standard elsewhere, but Sheffield, profiteering

Posted in News

“Leave The Trees Alone” in Country Living UK – Out Now.

Posted in News

1000s perfectly healthy trees needlessly felled

DE7bTqOXgAATvVl = private shareholder profit – benefit loss to city = £m’s. Sadder & poorer

Posted in Uncategorized

Support from Richard Hawley!

 

“Good luck to the campaigners in court today. Please read and support the campaign”

Posted in News

Great Private Eye Article – On Sale Now

Posted in News

It’s the Daily Mail, but this is such a well written article – Please Read!

The chainsaw massacre: It’s survived two World Wars and Dutch Elm disease but now council jobsworths want to fell Britain’s second favourite tree

Through two World Wars and a plague which all but wiped its species off the face of the earth, this magnificent elm has endured everything the fates could throw at it.

Planted by the Victorians, it is not only much-loved by its neighbours but it is an entire ecosystem for an endangered species of British butterfly.

Indeed, the grand old elm on Sheffield’s Chelsea Road — a rare survivor of the Dutch Elm epidemic which ravaged Britain a generation back — recently won a national prize. In the Woodland Trust’s latest annual contest to find Britain’s favourite tree, this mighty candelabra-shaped beauty came second.

Protestors demonstrating against the felling of the Elm Tree on Chelsea Road, Sheffield

Having won this arboreal Oscar, you might imagine that Sheffield would have slapped some sort of preservation order on the noble elm. After all, this is a city which prides itself on having more trees than any city in Europe.

You might expect local politicians to be queuing to shake it by the branch and have their photograph taken next to it.

Wrong. For it has now been scheduled for the chop. Despite petitions and protests by thousands of people, Sheffield City Council has earmarked the city’s best-known tree for imminent destruction, arguing that its roots pose a threat to both road and pavement.

‘Serious decay,’ says the council, reeling off a list of essential works, including the removal of a branch. ‘Utter rubbish,’ say the locals who have covered its lower reaches in love letters and yellow ribbons. They argue that the tree merely needs maintenance work which the council has failed to carry out for years.

What is perhaps even more astonishing, however, is that the council is now threatening injunctions against local residents — including one of its own councillors — warning of punitive legal action if they dare to protest in defence of this tree or thousands of others which have been earmarked for the chainsaw.

In one case, the jobsworths may be about to axe more than 20 healthy and much-loved trees which were planted as a war memorial.

As a result, there is now daily confrontation between the locals and the tree-choppers.

I arrive in the tree capital of Britain and Europe to find a game of cat-and-mouse between a well-organised army of residents and, on the other side, the council and the Spanish contractor recently awarded a £2.2 billion 25-year contract to maintain its roads.

In no time, I find a neighbourhood posse — ranging from a businessman to a children’s book illustrator — ambushing a chainsaw gang as they attempt to chop down a healthy lime tree. After nearly three hours of impeccably polite stand-off, the choppers retreat.

This is no mere neighbourhood spat. It is a municipal civil war.

No one has the slightest objection to the council chopping down any tree that is damaged, dying or posing any threat to anyone.

But people of all ages and backgrounds are furious that perfectly healthy trees are being pulped simply because it is easier for the road maintenance team to get out the chainsaw than to apply fresh Tarmac and a bit of common-sense whenever a root starts poking through.

After all, many cities are full of trees which grow like this.

This is a story which extends far beyond Sheffield. At issue is the delicate balance between bureaucracy’s obsession with box-ticking conformity and mankind’s need to connect with Mother Nature.

The elm has survived Dutch Elm disease and has been voted the second favourite tree in Britain, but it's scheduled for the chop

The elm has survived Dutch Elm disease and has been voted the second favourite tree in Britain, but it’s scheduled for the chop

Here we have a council prepared to chop down Britain’s second-favourite tree on the basis that it is causing a bump so minor that even one of those compensation-chasing fraudsters who trip over paving stones and then rush to a lawyer would be hard pushed to take a tumble.

I had set off for Chelsea Road, in the hilly Sheffield suburb of Nether Edge, expecting to find its famous elm in a dreadful state. Why else would the council want to bring it down?

Surely, it would be a gnarled old thing with gammy roots sprouting through the road and footpath, making it all but impassable to anyone with a baby buggy or wheelchair.

Not a bit of it. Standing proudly on a crossroads, it seems in excellent shape rather than a state of ‘severe decay’, as assembled campaigners are only too keen to point out.

Dr Nicky Rivers, living landscape manager from the Sheffield & Rotherham Wildlife Trust, and a team of experts have studied this tree for years. For it is home to a colony of the white-letter hairstreak butterfly, a rare species whose only foodplant is elm trees. Predictably, the damage inflicted by Dutch Elm disease has made it even more endangered. This colony will spend its entire life here without ever moving from this one tree.

‘What really annoys us is the council’s complete lack of transparency,’ says Dr Rivers.

‘On the one hand it says the tree must come down and then it says it will cost £50,000 to put it right. But it won’t say how it reached that figure or what happens if we manage to raise the sum ourselves.’

The council insists it will not accept funds for individual trees and that £50,000 is the cost of raising the entire junction to ‘comply with the Highways Act’.

Completely unnecessary, says Matt Larsen-Daw of the Woodland Trust. He points out that this tree was probably planted at the same time as the handsome Victorian villa next to it.

Back in those days, Sheffield was world-famous for its steel production. But with all this industry came great pollution. With that in mind, civic elders planted trees all over the place to soak up the grime and make the city a prettier place. As a result, Sheffield has some 36,000 street trees just like this lovely elm.

Yet the council and its contractor, Amey (a subsidiary of Ferrovial, the Madrid-based giant), has decided 6,000 trees — many healthy — must go.

The council points out that every old tree will be replaced by a new one. But the campaigners believe many are being axed simply to make life easier and cheaper for the road contractors. A big old Victorian tree with roots under the road will require more attention than a flimsy young sapling.

Indeed, when the council removes an old tree, it won’t always replace it with the same species. In many cases, it has chosen what some locals call ‘lollipop trees’ because of their small, pert shape. Unsurprisingly, a city that prides itself on its trees as much as its steel is unhappy about seeing great old oaks, limes, planes and elms making way for glorified shrubs.

While the council uses the phrase ‘tree replacement’ rather than chopping, locals say these are weasel words.

Matt Larsen-Daw says: ‘In environmental terms, taking down this elm and replacing it with a sapling is like taking down the Royal Albert Hall and putting up a tent.’

I ask the neighbours their views.

Not one believes the tree poses any danger and nearly all want to see it stay. Ian Fullerton, 63, used to work for the Forestry Commission and remembers the Dutch Elm saga all too well.

‘It did terrible damage and yet this tree survived. We should be breeding from it, not chopping it down,’ he says. He poo-poos any notion that the tree is a hazard to road maintenance. ‘They dig up this road the whole time to lay cables and pipes,’ he says.

The council insists there are ‘increasing safety concerns’ about the elm and that it will do all it can to preserve the white-letter hairstreak butterfly. According to Bryan Lodge, council cabinet member for environment, it is looking at all options to give the butterfly the best chance of migrating elsewhere.

Yet Dr Rivers points out this is virtually unheard of. Besides, the butterfly only lives in elm trees and there is no alternative nearby.

I meet Prue Phillip, 73, a retired film editor and member of the local tree campaign. Her group have tied yellow ribbons around every tree on death row and encourage people to contact them whenever they see an Amey team appear with ropes, saws and a woodchip machine. ‘We’re not a bunch of tree-huggers,’ she explains.

‘We understand that some trees have to come down. But we get angry that healthy trees are being felled just to meet some sort of quota.’

By now, the jungle drums are beating. Word has spread that the hatchet-men are in nearby Rundle Road and starting to chop branches off a big lime tree. They will remove it within an hour or two.

When I arrive a few minutes later, the lumberjacks have downed tools and are eating a snack in their van. Once a member of the public steps inside the barriers erected around a tree-felling operation, then all work has to cease. The two men in the truck aren’t bothered. ‘This happens on every job now,’ says one. ‘We’ll just wait to get sent somewhere else.’

He says protesters are invariably polite and sometimes offer them cups of tea. ‘I’ve only had one bloke threaten me,’ he says, adding that his most memorable moment was when he started chopping and resident emerged with a cello to play a funeral lament.

One protester, telecoms consultant Graham Turnbull, says he’s just received a letter from the council threatening him with an injunction and a hefty fine.

Inevitably, this is a legal haystack. Earlier this year, South Yorkshire Police used trade union laws to arrest several people for attempting to hinder others from going about their work.

However, this strategy was rejected by a judge and the city’s police commissioner agreed. The police have since decided that they have more important things to do.

Thwarted in its attempts to criminalise protesters, the council has decided to take the civil law route.

It has been monitoring social media and photographing protesters to draw up a list of targets, such as Graham, and is threatening them with penalties.

So far, 17 people have until next week to sign letters promising to behave or else face an injunction.

They include Alison Teal, a Green Party councillor who was arrested in February, only for charges to be dropped. She’s now seeking legal advice about the injunction warning, but is exasperated by the bovine attitude of the council on which she sits.

She says: ‘When you talk to them about the Chelsea Road elm, they just say: “An elm belongs in a forest, not in a street.” ’

A couple of miles away, I find another passionate campaign in Western Road.

In 1919, the local primary school — still thriving on the same site — lined the street with alternating sycamores and plane trees, one for every former pupil killed in the Great War. A plaque on the school records this act of commemoration. But now, 23 of the trees are being considered for the chop.

‘When someone defaces or urinates on a war memorial, they are, quite rightly, in big trouble. This is even worse — they’re destroying it,’ says Alan Story, a retired academic. When he followed a chainsaw gang the other day, he was photographed by contractors.

He cheerfully calls himself ‘an old Leftie’ but is appalled that a Labour council should try to curtail his right to protest. ‘Can you imagine trying to tell Jeremy Corbyn that he is not allowed to protest?’ he asks.

Councillor Lodge insists he supports peaceful protest but adds: ‘There’s a clear distinction between this and direct action.’ The ‘vast majority’ of Sheffield residents, he says, are on his side.

I walk up and down both sides of Western Road. The trees provide a glorious canopy over what would otherwise be a much duller thoroughfare. The condemned specimens have a yellow ribbon, a poppy and, in some cases the name of a dead local lad — men such as Sydney Eggington and Joseph Richmond, both killed with the Sheffield ‘Pals’ at the Somme aged 21.

Certainly, some tree roots are pushing up the pavement in places. But it would not be beyond the wit of a moderately intelligent asphalt gang to smooth over the bumps.

It’s home time at the primary school. The parents are unanimous that the problem has been caused by years of council neglect and that the trees should stay.

‘They are a precious part of the area. The council policy is very short-sighted,’ says teacher Kim McCurry. Eight-year-old pupil Rosa Ransford sums it up succinctly: ‘The trees are beautiful and they are here because someone died.’

There are countless similar examples to be found all over the country. For example, locals in Bristol are trying to stop an ancient oak being felled merely to allow alterations to a branch of Burger King.

Here in Sheffield, this heroic elm on Chelsea Road could, tragically, be firewood by the end of the month. This is not merely officially-sanctioned vandalism. It is utter lunacy.

Read more here

Posted in News

Another healthy tree felled – Warminster Crescent

Warminster Cres this AM, at same time SCC is tweeting about air pollution, you couldn’t make it up folks

Posted in News

Pizza Party at the Chelsea Elm this Sunday

Campaigners have organised a summer gathering under the Chelsea Elm to celebrate our wonderful trees and show support for the campaign.

Sheffield Council recently announced that they would be felling the extremely rare Huntingdon Elm, ignoring the advice of their own independent tree panel.

So why not come along to the “Under the Elm” event this Sunday and have some fun, show your community spirit, enjoy summer in the city.

Under The Elm – A summer gatheringSunday 16th July between 16:00 – 19:00, on the corner of Chelsea and Union Roads in Nether Edge (by the Elm).

There will be wood fired pizza by Sunshine Pizza Oven*, music, cake, tea, activities**.
(All proceeds to STAG funds)

*     Pizza from 5.30pm
**   Tea, cake, activities and music locally sourced
*** Tree hugging optional

Click here for the Facebook event.

 

Posted in News
The Felling – An Epic Tale of People Power

Innocent protest to save Sheffield’s healthy street trees turns into a nightmare, as a small group of brave suburbanites take on their Council, the police and a multinational corporation.

Crowdfunder: street trees legal fund

We are currently collecting to support the small number of campaigners who are facing court costs after cases brought by Sheffield City Council.

Heartwood TiCL trail

Walk the Heartwood Trail and find Robert Macfarlane’s beautiful charms against harm hung from some of Sheffield’s threatened Street Trees. Designed by Jackie Morris.