Bretton oak tree: Hopes dashed for protesters as court dismisses petition to save tree

The 600-year-old tree in Bretton has seen a small encampment beneath it and man who has taken up residence in the tree.

A County Court judge has dismissed the case of protesters fighting to save the Bretton oak tree due to a lack of jurisdiction.

That meant that no action could be taken to fell the tree before it appeared before Peterborough County Court.

Despite the delay, a large number of people have still set up a protection camp at the tree this morning, with one resident even sleeping in the the tree overnight to prevent the felling.

While a large number remained at the tree, John Hopkins and Richard Elmer, two of the spearheads to the campaign to save the 600-year-old oak, which is listed on the The Woodland Trust Ancient Tree register, were in court at 2.50pm to hear its future decided.

Deputy District Judge Slaney listed the case for a hearing but stated that he did not believe that he had the jurisdiction and powers under the County Court Act 1984 to make a ruling on the case. This left him with no choice but to dismiss the case.

It also meant that in line with the legal precedent that the campaigners would incur the cost of proceedings.

Peterborough City Council stated that their costs to attend and prepare for the hearing amounted to £8000.

Although sympathetic to the financial situation of Mr Hopkins, who brought the action in his name, Judge Slaney ordered costs of £5000 to be paid.

The issue can still be taken further in the form of a judicial review by the High Court, however, bringing such an action would incur significantly higher costs and the group fighting to save the tree must first establish a means to pay the £5000.

Speaking after the decision, Mr Hopkins said: “I’m just disappointed. Today has been a real learning curve but the sun will rise again tomorrow.

"We will go away and discuss the matter with everyone involved and re-evaluate our position. We will be speaking to the Office for Environmental Protection and we have the High Court option if we choose to do so.”

Mr Elmer added: “I just wish the council would put as much effort into fighting the insurance company who have said that the tree needs to come down than fighting with us residents.”

The dismissal of the case means that Peterborough City Council legally has the power to resume the felling of the tree. The Peterborough Telegraph has contacted the council for comment about its plans.