On 22nd March 2023, Derby City Council’s Audit and Governance Committee resolved to launch an investigation into the potentially criminal action by Derbyshire Wildlife Trust (DWT) in Allestree Park. Reports had been received, which were communicated into the Committee by Cllr Shanker, that the DWT had cut down trees in Allestree Park in breach of a Tree Preservation Order.

The consequence of such action could be criminal proceedings with substantial fines of up to £20,000 per tree.

DWT’s involvement in Allestree Park

Derby City Council has an agreed 10 year “Allestree Park Management Plan” with the DWT which ends in 2023. The 142 page document is comprehensive and includes a copy of Tree Preservation Order no. 235 (TPO) which protects every tree in Allestree Park . The plan details the nature conservation requirements under which trees can be removed/maintained in very specific circumstances in the interests of safety and natural habitat conservation – it does not give the DWT a “blanket” exemption.

• s 2.3.4 – Presents a danger to the public
• s 2.4.1 – Objective 1 – to create canopy gaps in woodland areas
• s 2.4.1 – Objective 1 Lake – to maintain tree cover around the shoreline to a maximum of 80% (outline prescription 6.2)
• s 2.4.1 – Objective 1 Burley Brook – minimum of 50% open canopy above brook (operational objective 4)
• s 3.1.2 – Ten Year work programme – Maintain boundaries

Re-wilding of Allestree Park.

On 3rd August 2022 at the Derby City Council Cabinet Meeting the outcome of the Allestree Park Rewilding consultation was presented, in addition to DWT’s “Vision for Community Rewilding Allestree Park June 2022”. It was agreed to proceed with the Rewilding project and that it “be adopted subject to ongoing consultation and assessment of financial issues”. The Cabinet paper went on to describe the next steps:

“The next stage, subject to Cabinet approval, is to work with partners and stakeholders to develop and quantify the opportunities detailed in the appended Vision for Community Rewilding Allestree Park. The Council’s input into this scoping stage will be funded from existing budgets. The revenue and capital implications of the Vision will then be considered as part of the Council’s Medium Term Financial Plan process”

and concludes by stating:

“…a full Business Case will be developed that will be brought back to a future Cabinet for consideration and approval”

The explicit expectation was that the DWT would consult with the local community and interest groups to put more substance and detail around the vision and to quantify the costs.

DWT’s website states that consultations will take place in spring/summer of 2023 with a plan being ready by July 2023

“We want to listen and learn about how people use the space, and how we can create good quality nature, lock up carbon and benefit people’s health and increase enjoyment of the outdoors. To help us do this we’re running a series of events over spring and summer 2023. Contributions, as well as the original consultation results, will help us shape the final plans which we hope to have ready for comment in July 2023.”

What work has the DWT done at Allestree Park

On 16th February 2023, DWT announced on its website:

“The first stage of community rewilding work to transform Allestree Park into the UK’s largest urban rewilding space is set to begin, with the help of some familiar friends.”

The “familiar friends” being Highland cattle.

The plan was to create a fence around the “Park perimeter”

“…the cattle’s moo-vements (sic) will be controlled by collars which will train them, through sound, to stay in particular areas of the park.”

DWT website

“The first step is to install a small post and wire fence around the park perimeter, to provide a backup to the use of collars and additional protection for the cows from the surrounding area and roads.”

DWT website

The DWT proceeded to confirm that there will be “disturbance of wooded and scrub covered areas”.

The work was funded by a £645,000 grant from Natural England :

“The work has been made possible through the Trust’s Derwent Forest Landscape Recovery Project, which was recently awarded funding by Natural England to create connected wooded habitats (including hedges, orchards and field trees) between the Northern and National Forests, and will allow the movement of species in response to climate change.”

DWT website

In the weeks prior to this announcement they had had discussions with DCC and the Friends of Allestree Park (FOAP) group who had advised that their discussions should be followed up with a proper public consultation / Q&A session.

A post on the FOAP facebook page, dated 17th February received 115 comments expressing a significant amount of disquiet about the plans/perceived plans and lack of consultation. Similar concerns were expressed on the DWT’s own page. This one summarises the general mood:

By 23 February, complaints were being made to Derby City Council that there was evidence of trees being felled, in the area, in breach of the TPO.

On the 1st March, the Allestree Cllrs held a public meeting which put a halt to the project until there had been proper public consultation.

Consequences of breaching a Tree Preservation Order

Breach of a TPO is a criminal offence and can be tried in a Magistrates or Crown Court and be subject to substantial fines of up to £20,000 per tree.

If any person, in contravention of a tree preservation order or tree preservation regulations

(a)cuts down, uproots or wilfully destroys a tree, or

(b)wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, or

(c)causes or permits the carrying out of any of the activities in paragraph (a) or (b),

he shall be guilty of an offence.

A person guilty of an offence under subsection (1) shall be liableon summary conviction, or on conviction on indictment, to a fine.

s.210 of the Town and Country Planning Act 1990

There are limited exemptions which are covered within the Management Plan.

In an article written by Beckett Chambers “Tree Preservation Orders – Not to be trifled with!” they provide a useful summary conclusion ( my emphases)

“Hopefully I have emphasised that TPOs are something which are ignored at one’s peril. The financial consequences of any contravention can be substantial and great care should be taken when considering whether or not to have work done to a tree. Best practice would include the following steps:

Always check whether a tree is subject to a TPO.
Always check whether the work to be done is a prohibited activity.
Always check whether there is an applicable exemption.
Always maintain transparency and honesty with the Local Planning Authority in any dealings with them regarding a TPO. In this instance it is NOT easier to seek forgiveness than permission!”

Was there approval from Derby City Council?

The DWT position is that the tree removals, to facilitate a fence, were within the exemptions of the Management Plan.

A Council Tree Officer has confirmed that:

“The Allestree Park Local Nature Reserve Management Plan makes reference to the maintenance of existing boundaries but it makes no provision for tree works to enable the installation of a new fence.”

The conclusion of the Officer is that “the tree works were unauthorised”. This leaves the Council with a number of options including legal proceedings.

It is understood that the Council will take a practical way forwards including action to be taken by DWT to correct the poor pruning, carry mitigatory planting within the park and formalise their recognition that the works should have been subject to permission.

Comment

It is very concerning that an organisation with Derbyshire Wildlife Trust’s reputation is not in complete alignment with Derby City Council on the detailed rights and responsibilities of the signed Management Plan. This situation is exacerbated by the lack of organisation controls that allowed a criminal action to take place with the felling of trees subject to a TPO.

The fact that the DWT thought that they were covered by an “exemption” questions their competence.

DWT has been given the privilege of managing the long term Rewilding of Allestree Park on the basis that they would consult with local residents. DWT are currently acting as though Allestree Park is their own “ecological playground” to do with as they wish with a flagrant disregard for the local community and the law.

This is rubbing salt into the wounds of those who are campaigning against the loss of a multi-million pound golf course – a place that was one of Derby City Council’s most valuable assets.