Tree row sees conservation group ordered to pay £101,000

Becky Addy Wood
-Credit:Bradford-upon-Avon town council


Members of a woodland conservation group have been ordered to pay an initial £101,000 to a town council after a legal row over tree works in the ancient woodland.

The Friends of Becky Addy Wood (FROBAW) took action after Bradford on Avon Town Council announced plans to fell 152 trees, some of which were suffering from Ash Dieback. FROBAW claimed the work was completely unnecessary in the ancient woodland overlooking the Avoncliff valley and the Kennet & Avon Canal.

The group had said a Memorandum of Understanding signed by both parties when the council acquired the woods in May 2020 gave FROBAW a say in their management. They had also disputed the council’s footfall survey for the woods and said that risk to public safety from falling trees was “wildly exaggerated”.

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FROBAW were granted a temporary injunction in February 2023, but in September 2024 a High Court judge dismissed their case, leaving them liable for costs of up to £463,000.

Now, after a court hearing on Wednesday 15 January, Judge Blohm KC ordered that the claimants must pay an initial £101,000 on account, of the town council’s costs.

The judge then ordered that the town council’s costs should be subject to a detailed assessment to identify the final cost figure, which is normal in this type of litigation.

During the hearing, Judge Blohm KC lifted the injunction halting any works in the woodland, however the town council agreed not to undertake any work, other than emergency until 12 February. The judge also refused the claimants’ request for permission to appeal to the high court.

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Mayor of Bradford on Avon, Councillor Jack Vittles said: “I welcome the decision from the judge awarding costs to the town council. It is the right decision – and provides some closure for our officers who have been hugely impacted by this case.

“The town council repeatedly tried to settle this case. However, we were defending the case – and this meant that we could not withdraw from the case.

“I want to reassure residents that we will be pursuing the costs we are owed vigorously. This is taxpayers’ money and we have a legal and moral obligation to recover as much of it as we can.”

Cllr Alex Kay, chair of the Environment & Green Spaces committee, added: “It was such a positive project to buy Becky Addy Wood in spring 2020 so we could protect it and look after it.

“It’s so sad that this dispute and the court case continued against the town council and caused so much division. We could have spent all the time and money on other valuable environmental projects.

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“There’s also been a significant human impact from being subject to a court case, as the results of trying to do something positive.

“Now this case is finished in the High Court, I hope we can draw a line and manage Becky Addy Wood along with our other green spaces across the town for the ecological benefit of the whole community.”

Although the judge refused the claimants’ request to appeal to the High Court, the claimants can apply to the Appeal court for permission to appeal.

The FROBAW have been contacted for a response.