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High Court grants injunction over oak tree felling

Katy Prickett
News imageEmpics Campaigners sitting and standing next to the oak tree, which has been covered in signs and yellow ribbons. There are cars parked behind it, and further back, is a metal fence and modern homes. There is a police car and police officer just about visible in the picture.Empics
Campaigners have been angry about the planned felling, but the council said it was necessary

The High Court has barred a council from felling an oak tree at the centre of a four-year-long dispute.

Wivenhoe Town Council has been planning to fell the Old King George Oak in Wivenhoe, near Colchester, in February, as well as a nearby horse chestnut tree.

Campaigner Kat Scott took the matter to court, and Mr Justice Jay imposed the interim injunction on Monday.

The council, which had been told by insurer Aviva it would be liable if nearby homes were damaged by the trees, can apply to the court to lift or vary the order.

In her application, Ms Scott told the court that an interim injunction was necessary to prevent "significant environmental damage".

The injunction said the council "must not cut down, top, lop, uproot, wilfully damage or wilfully destroy the 'Old King George' oak tree and nearby horse chestnut tree located in the High Street car park off Clifton Road".

The council can apply to the court to vary or discharge the injunction provided it gives Ms Scott's solicitors a 24-hour written notice, the order explained.

News imageStuart Woodward/BBC An oak tree, next to a playing field. There is a set of red swings in the foreground and a bench on the left-hand side. A rickety wooden fence surrounds the playground and there are houses behind the park and tree.Stuart Woodward/BBC
The Old King George oak tree overlooks a park in the centre of Wivenhoe

Some residents living nearby have complained about damage to their homes, while other locals have fought to save it.

The tree stands in the corner of a car park near the town centre.

Last year, protesters surrounded the tree, causing the car park to be closed.

In November, mayor Jon Guy said: "The decision has not been taken lightly and comes after numerous surveys, including one undertaken on behalf of the campaign group, which found the two trees are a contributory factor in the damage to nearby properties."

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