Hello all,

Over one year on from launching this petition, the trees are still standing and now protected by a High Court injunction order for at least the time being. But many of the issues this petition raised still largely remain unresolved and relevant. With that said, pictured above are the trees this morning, still standing strong and protected out of harm's way, and so I take some comfort that this is not yet over and there is possibility ahead of us.

The aim has never been to “save the trees at all costs”, but to ensure that decisions of this significance are taken lawfully, transparently, and on the basis of proper evidence. 

This update seeks to recap back to the origins of this petition and reflect on how far things have come in the past year, to where things stand with the legal case and fundraising efforts today.

One year later...

It dawned on me today that it’s now been more than a year since this petition launched (5 January 2025), and about a year to the day since we first expected the trees were going to be felled. I didn’t expect then that there would be more than 5,400 of you having signed it... and still growing!

I must admit that I perhaps, naively, thought the petition would have more impact with the decision-makers at Wivenhoe Town Council and Aviva than it did in reality. I do hope, however, that it has played a small part in helping our community realise the strength of feeling about the trees and to come together around shared goals for the process we would like to see.

I had never created a petition like this before. It was a late-night idea that I didn’t talk to anyone about beforehand, and I was nervous to fire it off into the world wide web. I had been following the community campaign group working to save the old oak tree known as Old King George for a couple of years online, though hadn't had capacity to be involved due to having had a baby. I had assumed the trees had been saved by that effort. It wasn't until rumours started to mount that a car park closure that had been advertised actually implied a plan to fell the trees was in place, that I realised their days truly were numbered. I felt I must try to do something to help out before it was too late. It was amazing how many of you agreed that something must be done, and how quickly so many of you acted to sign, with around 1,500 signatures within the first day.

I did not expect, given that initial surge of support and when putting this petition together, that so much effort would still be required to try to uphold the principles it set out, and that that effort would run to more than a year (and for those who've been campaigning on this tree for some time, more than four years?). And I certainly did not imagine I would now be fundraising for a legal case and working with the likes of Richard Buxton as solicitor and Lawyers for Nature's barrister Paul Powlesland on that, it's a real privilege to have their ongoing support.

To recap those five principles, with some updates and reflections beneath each:

1. Wivenhoe Town Council to cancel any planned felling or works to this tree (believed to be imminent around the 13-15 January 2025 closure of car park).

The felling originally planned for January 2025 was deferred, with a spontaneous community tree protection effort preventing works and an agreement to delay felling to allow an independent expert evaluation.

We are now in a position again where the Council and Aviva still intend to fell the trees (and would have done so last week), but are currently prevented from doing so by a High Court injunction order.

2. We ask the WTC to listen to the community and engage further in dialogue with us before taking further action. To understand how much the tree means to the community and listen to our voice.

There has been some dialogue, but this has not always been satisfactory or constructive to date, with significant evidence withheld and communication now only happening via solicitors. It is disappointing that legal action has been needed to achieve the scrutiny and process we have been asking for.

There remains concern that the community’s voice has not been heard, particularly in light of recent accounts from one of the families affected by movement issues, who have said that they too would not wish the trees to be removed and are seeking underpinning to their property.

3. We ask WTC to work together with the community to seek further legal and expert advice before bowing to pressure from insurance companies.

Rather than working collaboratively with the community, we are now unfortunately in the position where solicitors have lodged a judicial review application on my behalf to ensure that expert advice is properly factored into decision-making. There are concerns about the extent of influence of the insurer in the process, and that one of their claimants has submitted a complaint to the Financial Ombudsman regarding how their situation has been handled, with their story reported in the local press recently an eye-opener for many of us.

4. If through adequate and more robust dialogue and evaluation by experts the tree can definitively be proven to contribute to subsidence risks sufficiently to warrant some mitigations being necessary, we implore WTC to seek alternatives to felling. These could include root zone management and installing root barriers.

There remains dispute over whether the trees can be definitively proven to contribute to subsidence risks in a way that would warrant felling, and it is unclear to what extent alternative mitigations have been explored.

This information was sought through an Environmental Information Regulations (EIR) request. An unsatisfactory response was provided in December, effectively refusing disclosure across a range of matters. A complaint was raised immediately, triggering an internal review at Wivenhoe Town Council, which is expected to conclude within the next week.

Hopefully this will provide the answers needed to allow proper scrutiny. If not, the matter may be escalated to the Information Commissioner’s Office to determine whether the EIRs have been appropriately followed.

It is unfortunate to still be pursuing this information a year on, through formal processes rather than through an agreed commitment to transparency, given the clear public interest in this case.

5. WTC is a guardian of this tree, not its 'owner', and we ask WTC to uphold this responsibility in safeguarding this important natural asset for us and future generations to enjoy. This can in part be achieved through the planning system via granting the tree a Tree Preservation Order (TPO).

A Tree Preservation Order has not been granted. While the oak tree is of undeniable amenity and environmental value, Colchester City Council has relied on the same evidence base produced by Aviva/Innovation Group to conclude that a TPO cannot currently be applied.

This is the same evidence we have not yet seen in full and continue to seek through EIR. The Independent Evaluation Report raised concerns about the strength of that evidence, identifying shortcomings and presenting alternative findings. Colchester City Council has said its position would only change if new evidence comes to light.

Concerns therefore remain about how duties and other relevant matters - including the statutory biodiversity duty, the council’s declaration of a Climate Emergency, and the Neighbourhood Plan - have been factored into the decision to fell these trees. There are also ongoing concerns about the legality of the proposals.

Bringing us to today

As you can see, we are far from being able to "declare victory" on this platform just yet, although there have been important milestones along the way; the commissioning and completion of the Independent Expert Evaluation and the Injunction Order two particularly notable ones. I’m sure many of us would not have imagined that a year on, the trees would still be standing, protected by an injunction from felling and/or harm for the foreseeable future.

None of this has unfolded as I expected, and it has proven far more complicated and challenging than I ever imagined. Had I known what I was getting myself into, I might have thought twice about creating this petition!  There is a lot of uncertainty left ahead of us, with big questions to be addressed by the courts and the legal case. It is hard to say how this might all unfold, so we are trying to be transparent as we can be along the way with our understanding of the situation, within the bounds of what is sensible and fair to share during an ongoing legal case.

I am incredibly grateful for all the support given along the way to this campaign. I am just one of many in the Wivenhoe community trying to secure a fair and transparent decision-making process, in the hope that we might save these trees, or at least ensure they have had a fair hearing.

Fundraising towards the legal case

We don’t yet know what the coming months will hold in terms of the legal case. If you are in a position to help with the fundraiser, we have 13 days left to reach our minimum target of £10,000, and we are currently 65% of the way there. Please consider contributing or sharing our story with others, everything helps. With more than 5,000 of you on here, it feels within the realms of possibility that we can hit our target in that timeframe, as challenging as it might seem today. 

If even 150 of you could donate (or, if you are feeling very generous, donate again!) even just £25 we would be well beyond our minimum funding target in no time, and of course every donation of whatever size that we receive helps us get there. These funds go directly to our solicitors, Richard Buxton to support our ongoing legal costs towards the judicial review, and are handled directly by Crowdjustice. You can read in more detail on the Crowdjustice page at how the funds are expected to be used.

If you live locally, please keep an eye out on our social media pages (Instagram, Bluesky, Facebook Group, and with reluctance, our X page) for information about in-person events taking place to support the fundraising efforts over the coming weeks. Or, wherever you are based, just give us a follow anyway to see what we are up to!

Thanks again for supporting this campaign and for reading to this point. While the road has been longer and more complex than expected, we are grateful for the support that has brought us this far. I am hopeful that the coming months will finally bring clarity and a fair outcome for everyone involved. 

Warm wishes, Kat