Tree felling suspended in Doncaster after barrister claims council may have 'committed a criminal offence'

Doncaster Council has suspended an operation felling dozens of healthy street trees after a top barrister said they may have ‘committed a criminal offence’.
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Paul Powlesland of Ely Chambers in London, who successfully represented tree campaigners in Sheffield, has provided pro-bono advice to residents in Bessacarr after the council cut down a number of trees on Middlefield Road.

A council spokesman said they had received the documents from Mr Powlesland and in turn would suspend felling while taking legal advice.

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DMBC workers began cutting down the trees, apparently to enact highways repairs claiming tree roots were responsible.

Tree protesters at Middlefield Road, Bessacarr, who are opposed to the removal of the mature lime trees that line the street. Submitted pictureTree protesters at Middlefield Road, Bessacarr, who are opposed to the removal of the mature lime trees that line the street. Submitted picture
Tree protesters at Middlefield Road, Bessacarr, who are opposed to the removal of the mature lime trees that line the street. Submitted picture

The barrister said the council ‘do not have a felling license’ from the Forestry Commission to fell the trees and the authority had ‘not provided any evidence’ there are defects in the adjacent pavement that would make them breach their duty to maintain the highway.

He added it was ‘not sufficient’ for the council to say that because some trees have actionable defects on the pavement beside them that it is justified to use legal exception for all the trees on the street.

Residents have been advised that they could apply for an injunction but warned the process would cost thousands of pounds and also said there was a risk of having to pay the council’s legal fees if unsuccessful.

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But Mr Powlesland urged campaigners to ‘peacefully stand’ under the trees to prevent them being felled while lobbyin the council to change course.

Top barrister Paul Powlesland says Doncaster Council may have 'committed an offence' by felling street trees in Middlefield Road, Bessacarr. Picture of Mr Powlesland by Hana WolfTop barrister Paul Powlesland says Doncaster Council may have 'committed an offence' by felling street trees in Middlefield Road, Bessacarr. Picture of Mr Powlesland by Hana Wolf
Top barrister Paul Powlesland says Doncaster Council may have 'committed an offence' by felling street trees in Middlefield Road, Bessacarr. Picture of Mr Powlesland by Hana Wolf

“Although it appears likely on the current evidence that the council may have committed a criminal offence under the FA 1967, the Forestry Commission do not, in correspondence that I have been given, appear to wish to take any action,” Mr Powlesland said.

“In any case, once the trees are felled, they cannot be replaced by mature trees again for many decades. This was seen in Sheffield, where although Sheffield City Council likely felled trees in breach of the licensing requirements.”

Gill Gillies, assistant director for the environment, said: “We have received the additional information, have suspended any further felling works for now and are currently in the process of obtaining legal advice. Our teams will continue replanting new trees as planned.”