England’s ‘Tree of the Year’ to be cut down and protesters will face two-year jail sentences after High Court order

In October 2020, a healthy 150-year-old plane tree in Hackney facing removal was voted the Woodland Trust’s tree of the year by the public, but two months later the tree is now due to be felled as part of local redevelopment plans, and any protesters who attempt to halt the destruction can be jailed for two years, according to a High Court order.

The plight of the Happy Man Tree, as it is known due to its proximity to a former pub called the Happy Man, inspired an outpouring of love from those who live nearby, who have dressed the tree with garlands and hung signs and banners up drawing attention to the plans to chop it down.

The tree is being removed as part of a housing redevelopment project, which will provide social housing, but the developer - Berkeley Homes - admitted earlier this year that had they known how much the tree was valued they would have drawn up different plans which could have kept it. Though they said it was too late to do so.

As well as seeing the tree named England’s Tree of the Year, the plans to cut it down have sparked street demonstrations, court injunctions of protesters and the opposition of over 25,000 people.

But this week it appears Berkeley Homes are now on course to remove the tree as planned and fearing a backlash, have obtained an order by the High Court which states that anyone who peacefully stands under the tree after 9am on December 13 could face a prison sentence of up to two years and may have their assets seized.

The Woodland Trust, which runs the annual Tree of the Year competition, has described the Happy Man Tree’s removal as “a poor decision” despite its support for much of Hackney Council’s recent work to increase access to green spaces and boost tree cover in the borough,

The organisation said: “The developer has admitted the tree could have stayed if plans were amended earlier in the consultation process. They said they always look at environmental value, and would have chosen a different design if they’d known how much the tree was valued.”

Paul Powlesland, a barrister and founder of Lawyers for Nature, told The Independent these types of High Court orders are “becoming increasingly prevalent from people who want to destroy the environment and stop people peacefully protesting against that.

He said: “They were used in Sheffield during the trees dispute and a number of Sheffield protesters got suspended prison sentences for standing under trees.

“Ironically it actually helped to defeat Sheffield council because people got very angry and upset about it and actually drew more sympathy and helped the protesters win in a roundabout way.”

Such orders have also been used in some HS2 protests and fracking cases in recent years.

“They weren’t that common six or seven years ago, but they’re becoming ever more common,” Mr Powlesland said.

“It’s the tree of the year and you can get a prison sentence for standing underneath it to stop it being chopped down for flats, and it’s not even necessary.”

The now famous tree in Woodberry Down - a north east London council estate - will be cut down to make way for 584 new homes - a move which Hackney Mayor Philip Glanville has said “is necessary”.

But Mr Powlesland said that as long ago as May the developers had said it could have been possible to redesign the plans and keep the same number of homes.

He said: “I and a local campaigner had a meeting with Berkeley Homes right at the start of this, and they basically said ‘it’s possible to redesign the development to keep the tree and have the same number of units’. And as I said at the time, it’s probably going to take just as long to deal with all these protests - and that was back in May. If they’d redesigned it then, they wouldn’t have lost that much time.”

“We’re now in a position where the tree is still threatened, they haven’t started building yet and Berkeley Homes reputation is going to be shredded if they take this tree down.

“It’s not a good look to be the company that unnecessarily destroyed England’s tree of the year, while threatening local people with jail for standing underneath it, is it?

A Hackney Council spokesperson told The Independent: “The plans approved twice by the council’s planning committee and now formally endorsed by the mayor of London are the result of years of close collaboration between the council, the local community and our partners at Berkeley Homes.

“The legal notice will allow for the safe removal of the tree so that we can get on with delivering these benefits for Woodberry Down residents – including hundreds of genuinely affordable new homes for people already living there and 175 new trees as part of a huge investment in improved biodiversity in the area.”

A Berkeley Homes spokesperson said: “Whilst it is never easy to lose a well-liked tree – following a thorough, transparent and balanced debate, Berkeley, Hackney Council and the Woodberry Down Community Organisation all support the local planning authority’s decision to approve the development of the Phase 3 scheme and for the associated removal of the tree. The injunction will allow for the safe removal of the tree before work commences.

“We remain committed to ensuring that the benefits are delivered for the local community as quickly as possible including 584 new homes, a brand new park, the planting of 175 new trees and an energy centre to generate heat to supply the whole of the estate.”

Phil Cooke, chair of Woodberry Down Community Organisation said: “The aim of the Woodberry Down Community Organisation is always to design good quality new homes and improve the living environment of our residents, old and new.

“When we became aware that the tree was due to be removed we got the partners to look at ways that it could be kept, but they all would mean a lengthy delay in the regeneration. The WDCO Board considered all options at its meeting on 2 September and voted in favour 12-4 to support the Phase 3 planning application.”