Revealed: 'Disturbing' documents show how Armada Way tree felling was planned like a military operation

A military-style operation to remove more than 100 trees from Armada Way was co-ordinated by Plymouth City Council with a focus on keeping protesters at bay and avoiding challenge, documents submitted to the High Court reveal.

While the judicial review into the decision to fell the trees was dismissed by the High Court, documents and transcripts which formed part of the hearing showed meticulous pre-planning, days ahead of an executive decision by the then council leader.

The Herald obtained documents submitted to the judicial review in a case against Plymouth City Council (PCC) brought by Alison White from campaign group Save the Trees of Armada Way (STRAW).

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They reveal:

• Discussions into setting up an exclusion zone for drones which could be operated by protesters to scrutinise the work – and a suggestion to “shoot them down”;

• A cross-party agreement that there would be no “call-in” of the decision to remove the trees by the scrutiny committee, and that the decision would be given urgent status;

• Discussion into how much of a gap should be left between the then council leader’s ‘executive decision’ and mobilisation of machinery without it being indicated that it was pre-planned;

• Unsubstantiated concerns that protesters would deliberately leave a ‘suspect package’ in the area as a way of preventing the work.

In response, PCC said: “In the lead-up to and during any major event or operation, it is appropriate for any organisation to take all reasonable steps to ensure the safety of everyone involved”.

But Ms White said it was ‘shocking’ that council officers could think protesters would consider turning up with a suspect package, or that police would be asked to shoot down a drone if one was used. The documents also reveal a desire among some council figures to remove the trees, despite the concerns of thousands of residents who voiced opposition to the wholesale felling.

PICTURES: The chainsaws arrive under darkness on Armada Way

One council officer is revealed to say in one meeting: “I’m sure you’ll all be glad to see the back of these trees.”

To which another senior officer replies: “Bl**dy well will [name removed]. This has been going on for far too long.”

The case was dismissed at the High Court in March, with Judge David Elvin KC saying he did not consider the circumstances surrounding the decision by Plymouth City Council to cut down 129 trees in March last year “to be exceptional”. However, an ‘independent learning review’ is scheduled to begin on May 20, and the authority agreed to give an undertaking to the High Court regarding the terms of the review.

Transcripts from several operational planning meetings held on March 9 and March 13 were provided to the court, and were led by a PCC officer who took the title ‘Tactical Operation Commander’. The meetings included debate about setting up a drone ‘exclusion zone’ due to fears that there would be ‘drone wars’ launched by protesters.

Discussing drones, a senior officer says: “I underestimated STRAW... so they [sic] could be drone wars.”

Another officer responds: “We’d probably have to get permission to fly in that area over that period and we can make it an exclusion zone. So that’s how to cover ourselves with that.”

The senior officer replies: “If they are up there and they’re up, then they’re about to see exactly where our guys are, where weaknesses are as well.”

They add: “So you can declare an exclusion zone, can you?”

During the following discussion, the senior officer suggests: “Shoot the things down.”

There was intense debate on the timing of the executive decision – and concerns among officers of the ‘optics’ of the decision being announced simultaneously with the arrival on site of machinery and completion of security fencing.

A senior council officer is recorded as saying: “The last conversation we had was wouldn’t it be best if the executive decision that’s going to be signed by the leader, um, would be simultaneous with the, um uh, arrival on site? Well the completion of the erection of the fencing. And the security for the site being deployed.”

Also among transcripts, the senior officer explains that: “...largely due to the sort of the... potential for challenge... it could be argued that we would have instigated the decision ahead of it being signed by the leader. ...and the optics around... there being no gap, literally no gap between the publication of the executive decision at seven with the... effectively the mobilisation of the works that would start at eight for the removal of the trees.”

The same senior officer concludes that the publication of the executive decision should be made ‘probably an hour’ before fencing is erected and security installed on site. He is recorded to have said: “So we’re just having a debate with our democractic support team and monitoring officer about when is the latest we can publish that, and the sort of debate is currently swinging between five and six o’clock.

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“So there is going to be... the publication of an executive decision on our website with related documentation, probably an hour before the commencement of the erection of the further fencing and the mobilisation of the security for the site.”

Also among matters discussed in court were messages between several officers working at a managerial level, who were concerned that protest groups might leave a ‘suspect package’.

Deputy Judge Elvin read one comment aloud, in which a council officer said: “I doubt they are going to do it, but they might leave a suspect package.” An alleged ‘manipulation’ of council processes was referred to during the hearing by the presiding authority, Judge Elvin.

Comments from the official court transcript attributed to Judge Elvin say: “There’s some intelligent people in there who’ve known exactly how to manipulate the council and its processes.”

The removal of a ‘call-in’ process by the then leader’s executive decision was agreed by councillors from both Conservative and Labour groups.

Conservative councillor John Riley, chairman of the Overview and Scrutiny Committee, approved the status of the decision to fell the trees as ‘urgent’.

At a full council meeting on March 27, 2023, Cllr Riley answered a question into his alleged “determination that it constituted an ‘urgent’ decision”. He responded: “I first saw the draft report and the reasons for urgency when the Monitoring Officer emailed it to me at 10.57 on 8th March 2023. I spoke to Councillor Penberthy in his role as Chair of the Scrutiny Management Board to discuss the process for any urgent decision, this was a theoretical discussion as he had not seen the decision paperwork.

“I gave detailed consideration of the reasons for urgency, including considering the city council’s rules and guidance, as well as that of the Local Government Association for Members. On 14th March 2023 at 11.01, I confirmed in writing, via email, to the Monitoring Officer that I was content to remove call-in relation to the proposed decision.”

Ms White said: “The way in which some council officers and councillors have conducted the Armada Way project and dealt with the local people is deeply disappointing and some of their actions have been nothing short of outrageous. The STRAW campaign was entirely peaceful and law-abiding and reflected the genuine feelings of so many Plymouth people. It seems that to encourage the police to have a presence at the felling last year, council officers sent them ‘intel packages’ on a number of our supporters, the information in which was largely irrelevant or completely fabricated.

“It is deeply shocking to know that PCC officers actually considered that we might turn up with a ‘suspect package’ and disturbing that they requested firearms police officers to shoot down a drone should we use one. We didn’t and we never planned any direct action.

“As well as this affront to individuals, the actions by the council to ignore the concerns of thousands of residents, and many experts, to disregard the February 2023 consultation and to plough on with their plan is equally as concerning.

“The felling was planned and executed specifically to restrict anyone’s ability to make a legal challenge and to minimise the chances that an injunction could be served on them, before the irreversible damage was done. And despite both Conservative and Labour councillors knowing this would happen, neither party did anything to prevent it.”

A Plymouth City Council spokesperson said: “This information has been extracted from the internal meeting transcripts and officer testimonials that the council provided to the High Court as part of the Judicial Review hearing in March.

“Following consideration of all the evidence, including additional evidence and statements provided during the hearing on request of the court, the judge determined that the Judicial Review was ‘academic’.

“It’s important to recognise that in the lead-up to and during any major event or operation, it is appropriate for any organisation to take all reasonable steps to ensure the safety of everyone involved. We have to plan for and discuss all possible scenarios, however unlikely they may be.

“The High Court judge recognised our commitment to holding an independent learning review, which will look at the process leading up to the night of the felling of the trees and the night itself. This review will identify any learning points for the future. Due to our commitment to progress with the independent learning review, which will seek to consider some of the areas raised, it would not be appropriate for us to comment further at this time.”