Trees – Irton tree links
5 October 2011
Links to documents connected with the Irton tree dispute. Placed here in case they're useful to anyone facing a similar situation in the future. For further information, see the Irton Tree Foundation website.
A document prepared by the local authority, dated 31 August 2011, gives a useful summary of the history of this long-running dispute (PDF)
According to this document, a long list of 'problems' were cited originally, including 'root ingress in to the domestic sewer, damage to the masonry wall and nuisance caused by tree sap debris and bird droppings. The frontagers also contended that the tree hampered access to the property, with driver visibility restricted.'
See *Note, below, if having difficulty with the planning application links.
Documents relating to the tree dispute are available via the NYCC website www.northyorks.gov.uk and the Scarborough Borough Council website: planning pages and meetings, agendas and minutes section.
Including:
Planning applications re adjoining property: Demolition of the existing house and garage and the erection of 4 dwellings and Demolition of existing dwelling, garage and demolition and re building of front wall to retain tree
- select 'View associated documents' for plans and reports. Applications were refused (submitted in August 2007).
North Yorkshire County Council report – Report on: Main Street, Irton, Beech tree (Dec 2007). Appendix A – householder statement, suggests that proposed redevelopment of site (see above, August) would have involved developer undertaking necessary remedial works to retain tree.
Scarborough Borough Council – Confirmation of Tree Preservation Order (Jan 2009)
The tree was regularly pruned and maintained – application to crown lift and prune beech tree (March 2009) and was 'still in good health'. Select 'View associated documents'.
Application: Beech tree to be felled due to ongoing property damage and substantial interference with access (2010) – Select 'View associated documents'
Report to Planning and Development Committee: Proposed felling of beech tree – 25 March 2010
Minutes – Planning & Development Committee – 25 March, 2010
Tree 'has been expertly assessed as having a Capital Asset Value of £75,615'
'The minimal deformation of the applicant’s drive is not considered to justify removal of the tree.'
'The alleged damage to the drains by the tree is not considered to be substantiated in this instance.'
- etc ...
Application – Proposed felling of beech tree (April 2011) – which includes the following papers (select 'View associated documents'):
Letter from Berrymans Lace Mawer (PDF) (April 2011)
- refers to 'documents which are too sensitive to go into the public domain at this stage' – bold and underlined even. How mysterious and intriguing.
Arboricultural consultants – letter (PDF) (1 July 2011)
– appears to suggest that remedial measures should have been agreed upon, instead of felling.
Report to Planning and Development Committee: Proposed felling of beech tree – 15 Sept 2011
Definitely worth looking at, though depressing, considering the tree has since been felled. Possibly not a shining example of local democracy working well in the majority interest. See list 'for felling' (tree apparently inconvenienced people miles away ... very big roots, clearly...) and 'against felling' (most of the neighbours) ... Also reasons given on both sides. All irrelevant in any case, because, as it states:
'on 26 August, 2011, the County Court declared that the tree "is causing a nuisance such that the Defendant is entitled to fell and/or up-root it" '.
Also mentions legal action re who is responsible for costs. This has been reported in the media since the felling of the tree on 4 Oct. See media coverage links below.
NYCC – Feedback from the Area Committees (PDF) (27 September 2011)
– see item 2.6 – 'Committee was advised that the legal costs were very considerable'
*Note – for planning docs on Scarborough council website – select 'View associated documents' – you may have to enable pop-ups in your browser. Another browser window should appear, with a list of documents. Select the relevant file and click the 'View' button, top right, to see them.
A 'Witness statements' document relating to recent court actions/injunctions can be downloaded from the North Yorkshire County Council website – Irton tree statement page – which also has a PDF of the bat survey. The Witness statements (PDF, 6MB) document contains useful background information.
Irton beech tree, Main Road, Irton – on Google maps/street view
Links on these subjects can be found on the page trees in towns under threat.
Before the protests in autumn 2011 the Irton tree had featured in stories in – and letters to – the local papers, particularly the Scarborough Evening News. Eg:
Century-old tree may get the chop – June 2007
Tree spared for now – June 2007
Time to stop unnecessary chopping down of trees – 8 August 2011
Malcolm Barker covered the legal wranglings in The tale of the tree ... – Yorkshire Post, 17 Sept 2011. And a brief earlier report: A hollow victory – asked 'Perhaps ... homeowners could learn to live alongside the grand old trees near their houses, rather than treating them as nuisances to be destroyed? For the only real winners are the lawyers, who are laughing all the way to the bank following this farcical case.'
The tree dispute came to wider attention on the day the tree was due to be felled, when a protestor climbed into its branches.
Protester stops felling of 100-year-old tree at Irton – BBC (with video) – 20 Sept
Battle of the beech: Villager chains himself to community's beloved 100-year-old tree ... - Daily Mail – 20 Sept
Barking mad? Not me, says the arboreal answer to Swampy – The Independent, 24 Sept
Protester Mark Snow climbs down from tree but is replaced – BBC website – 25 Sept
Second man in the tree – Scarborough Evening News – 26 Sept
Irton tree: Third protester takes up sit-in – BBC, 28 Sept
Irton tree: Fourth protester stages sit-in – BBC, 29 Sept
A fourth protestor enters the tree – Scarborough Evening News (with video interviews), 29 Sept
Is it D-Day for the Irton Tree? – The Northerner, at www.guardian.co.uk – 30 Sept
Irton tree protesters take court action – BBC – 30 Sept
Irton tree: Court order contempt threat to protesters – BBC – 30 Sept
Irton tree 'to get the axe next week' – Scarborough Evening News (with video of NYCC statement), 1 Oct 2011
The Most Valuable Tree in England? – EuropeanTrees.com – 2 Oct 2011
Tears as 100-year-old Irton tree felled – BBC (video) – 4 Oct
Tree battle ends in a climbdown but not a surrender – Yorkshire Post – 5 Oct
Five year battle to save tree comes to an end – Independent – 5 Oct
Battle of the beech ends in tears – Daily Mail – 5 Oct
... if you thought that was the end of it ...
Irton tree: argument over legal costs to go to court – BBC – 5 Oct
Battle over 100-year-old Irton tree continues ... – Northern Echo – 5 Oct:
'The county council has launched an internal investigation into how the felling of the tree was handled. Councillor Gareth Dadd, the council’s executive member for highways, said: "We were merely the messengers and were caught up in what became a circus. There was no alternative to doing what we did." '
The tree was felled on 4 October 2011.
Its friends may still be tweeting on its behalf.
See also: Irton Tree Foundation website.