
Hello to the, wow, more than 5,500 of you!
It has been a long couple of months waiting to hear the outcome of the Judicial Review application made before Christmas. But on Monday 23rd Feb, it was confirmed that permission was granted for a Judicial Review to take place. This is important news for us.
This means the Court has decided that the legal issues raised about the decision to fell the Old King George oak and the nearby horse chestnut are properly arguable and should be examined at a full hearing.
Permission has been granted on all grounds advanced in the application, which together concern the evidential basis of the decision, the decision-making process, consideration of alternatives to felling, environmental duties and whether the decision was taken lawfully.
The Council must now file its detailed response and evidence within 35 days of permission service. The claimant represented by Richard Buxton Solicitors will then have 21 days to reply, after which the Court will list a hearing. The Court has indicated that the case is suitable for a one-day hearing.
Last Friday, there was an unexpected turn of events however, with Wivenhoe Town Council's solicitors sharing reports which they said suggest the Old King George Oak tree to have Acute Oak Decline syndrome, and which in their view means the tree would need to be felled with some urgency. This assertion is disputed so far based on the information provided. The council have not yet formally sought to lift the injunction protecting Old King George and a nearby horse chestnut from harm or felling, though they have publicly signalled an intention to do so. We are in the process of seeking independent professional advice and will, of course, cooperate fully with both the Council and the Court so that any decisions are informed by appropriate expertise.
The confirmation of a court timetable provides a clear pathway to an independent determination of the issues surrounding the trees. We have every sympathy for the affected property owners and hope the legal process helps bring clarity for all concerned.
With all this in mind, we continue to seek to fundraise towards our ongoing and potential future legal costs, and are grateful as ever for all the ongoing support received. We have made some good headway towards our £20,000 stretch target already, with £12,500 raised, and now we know that a Judicial Review is to take place, we will be putting some real energy into the fundraising efforts again for the remaining £7,500 of that target.
If you can help to spread the word of our CrowdJustice page, of this Change petition and generally help us to keep momentum going we would really appreciate it!
We will be sharing information of events and plans in coming weeks to help us reach the full target. This weekend there will be a pop-up shop held at the Sentinel Gallery in Wivenhoe (10-5, both Sat and Sun), it would be great to see you there if you can make it! There will be local artist-made works for sale, ceramics, plants, and more. There are also plans in the works for an auction and for a fun music event and more, so keep your eyes peeled for more information on those in coming weeks (see contact info below for our social media sites).
Meanwhile, here in Wivenhoe the daffodils are out, the skies are blue, birds are starting to get busy and it feels very much like Spring is nearly here. Buds are forming on the trees... will we be seeing their leaves once again this year?
Thanks again for all the support, we will share more news when we have it!
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