Hello everyone,

Sorry it has been a while since I last shared an update here. Plenty to update you on, not least relating to one of the key 'asks' of this petition - the completion of an independent expert evaluation.

Independent expert evaluation - available to read online

On the 31st March the 'stay of execution' deadline passed, and with it, the long-awaited independent expert evaluation was shared with Aviva and with Wivenhoe Town Council. The report runs at 154 pages, comprising a number of expert opinions and pieces of analysis on the situation surrounding Aviva's demand for the Old King George Oak tree to be felled. You can see the report and a briefer one page executive summary online here. 

The document is presented as a ‘report of reports’ containing many documents with information presented as provided by the experts involved, including but not limited to,

• Arboriculturalists & tree surgeons - Hallwood Associates and Tree & Lawn Company Ltd.
• Geotechnic engineering experts - Heyne Tillett Steel and GEI. 
• Ground investigations consultants - Soil Investigation Eastern Ltd. 
• Ground penetrating radar based surveyors - Location Surveys Ltd. 
• Dendrochronology expert - Dr Martin Bridge of the Oxford Dendrochronology Lab.

The report was funded by the Crowdfunding and community fundraising events, which included an exhibition at the Old Grocery with art for sale and a 'Tree Hugger Ball' folk music night. Overall more than £13k has been raised so far, and we still welcome contributions.

So, what did the independent expert evaluation find?

The independent expert evaluation finds that felling the trees - a permanent and final act - is not justified or preferred as a solution. There are multiple contributing factors to movement issues arising from the uniquely complex geography and conditions here, with movement not attributed to clay-based shrinkage alone. Underpinning is recommended to address the complex and multiple movement issues identified long term. This, together with ongoing improved tree management, would mean the trees can be retained for continued enjoyment in Wivenhoe both now and by future generations. 

So, what happens now?

It has of course now been two weeks since the report was sent to these parties digitally, and still we have not heard much news at all from either Aviva or WTC, apart from the following statement from WTC (which was then largely reiterated by email to the campaign team):

Clifton Terrace Car Park Update
The Council have received a link to an evidence bundle in respect of the trees in the Clifton Terrace Car Park.

This is being reviewed in consultation with the Council`s insurers, solicitors, and experts, and a decision on the way forward in relation to the Oak and Horse Chestnut trees in Clifton Terrace Car Park will be made in due course.

The Ash tree referred to is outside of the Car Park boundary, and therefore outside of the Council`s ownership.

 So today, the 15th April 2025, a group of the campaigners seeking to save the Old King George Oak tree hand delivered the report to Wivenhoe Town Council. We also delivered two copies to the local library, who have kindly agreed to hold these for members of the public to access for reading. A final copy was then posted for the attention of Dame Amanda Blanc, CEO of Aviva and dispatched to their Headquarters in London.

Of course, reports have also been shared with other key parties, including those resident/owners of affected properties, together with supporting letters extending a hand of support to them at this challenging time.

Now, we await further news from all decision-making parties and hope that the extensive evaluation findings and recommendations are heeded. 

Woodland Trust response to report

The Woodland Trust have responded to our report with the following;

Thank you for contacting us. We are aware of the case affecting the oak tree in Wivenhoe. 

The Woodland Trust regularly receives enquiries about trees relating to subsidence, particularly in South East England, where clay soils can make buildings more vulnerable to this. These cases, especially those involving insurance companies and private properties, are complex and can involve extensive investigations to determine the causes. 

As a charity we must make decisions about how best to use our limited resources. Every year we respond to hundreds of planning applications that put woods and trees under threat. Most of this work focuses on protecting ancient woodlands and ancient and veteran trees due to their ecological and cultural importance. More recently we have started to use our data on tree equity to look at protecting trees in urban areas where tree cover is particularly low. Occasionally we offer a view on subsidence cases affecting trees where they meet these criteria, although confidentiality rules for customers usually restrict external access to documents such as arboricultural reports. We have a page on our website that provides some general guidance to members of the public: https://www.woodlandtrust.org.uk/protecting-trees-and-woods/subsidence-and-trees/

Retaining mature trees in urban environments, is a national issue that requires much greater attention and collaborative solutions. To address this, the Woodland Trust actively works to reduce preventable tree loss. In addition to casework on woods and trees under threat, we are supporting the London Tree Officers Association in updating the Joint Mitigation Protocol, which provides best-practice guidance for managing root-induced building damage claims involving local authorities' trees. Although this guidance is non-statutory, we are committed to championing its adoption among insurers and local authorities. 

In addition to these efforts, the Woodland Trust advocates for stronger legal and policy protections for trees across the UK. Through initiatives like our Living Legends campaign, we aim to secure improved safeguards for the nation’s oldest and most ecologically significant trees, including through planning reforms and an enhanced Tree Preservation Order system. 

and in a subsequent message (without any further prompting from us) they said:

Thank you again for reaching out and for sharing the detailed report on the Old King George Oak Tree. We truly recognise the significance of this tree to the local community and appreciate the careful consideration that’s gone into exploring alternative mitigation options.
 
While we’re not in a position to comment directly on this individual case, due to both limited resources and access to full documentation, we wanted to take this opportunity to provide some wider context on how we’re engaging with the broader, national picture around tree-related subsidence.
 
This is a growing and complex issue, and we fully appreciate the challenges it poses to homeowners, insurers, local authorities, and campaigners alike. That’s why we’re currently working with a range of partners including the Forestry Commission, the London Tree Officers Association (LTOA), local authorities and sector professionals to advocate for a more informed and balanced approach.
 
Our focus is on ensuring the long-term value of trees is properly accounted for in policy and practice. This includes:
- Encouraging insurers to consider the long-term environmental and societal value of mature trees when assessing subsidence claims.
- Highlighting the role of permitted development (such as conservatories and garages) in increasing vulnerability to subsidence due to lighter foundations.
- Pushing for improvements to planning frameworks to better reflect the realities of climate change, urban growth, and soil conditions.
-We are also supporting the LTOA in updating the Joint Mitigation Protocol and continuing to champion the adoption of best-practice guidance across the sector.
 
Although we are unable to become directly involved in this particular case, we hope this reassures you that the wider issue is very much on our agenda, and that we are working to influence systemic change at a national level.
 

Closing thoughts

After a very dry month here in North Essex, the last couple of days has brought rain. And with it, the unfurling of the first leaves on trees here. We now can see once again Old King George's lush green arriving. I wonder if we will enjoy another cycle of the seasons. I am sure for those involved in trying to save the trees, we will relish each small change with heightened observation and joy. 

Thanks for all the continued support and interest. We hope to have positive news to share soon.