Move comes after investigation into city council found it fell far short of good practice

This article is more than 1 year old

This article is more than 1 year old

Tree campaigners in Sheffield who were prosecuted by the council over a programme to fell thousands of street trees are taking legal advice to get their convictions quashed.

The move follows a 15-month investigation by the Forestry Commission in which it strongly criticised the conduct of the city council.

The investigation into the felling of more than 5,400 trees as part of a £2bn highways contract between Sheffield city council and Amey, a private contractor, found that about 600 trees may have been felled illegally.

However, the government agency ruled there was insufficient evidence to attempt a prosecution against the authority.

The fellings were part of a 25-year contract signed in 2012 between the Labour-led council and Amey, as part of the Streets Ahead programme. The contract had serious implications for the city’s 36,000 roadside trees, as the highways contractor removed mature trees and replaced them with saplings.

However, an investigation into the council has found that it fell “far short of good practice” in a number of areas, including in its record-keeping, engagement and consultation, tree management techniques and contract management.

The commission said concerns about potentially illegal felling had been first raised with the agency in autumn 2016, but at that stage it accepted the council’s claim that its felling work was covered by its legal duties to maintain public highways.

However, new information came to light in early 2018 when it was revealed the council was planning to fell 200 trees per year regardless of any street issues.

The report said: “This commitment left open the possibility that those trees were not felled in response to a statutory duty, but as a result of a contractual agreement and SCC policy decision. As such there was a credible possibility that a felling licence may have been required.”

It said as a result, an investigation was launched which had to rely on historic photographic and Google Street View evidence to determine whether or not a licence would have been required due to a lack of existing evidence at the various felling sites.

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The investigation has concluded there is “insufficient evidence” to bring a prosecution but has criticised the authority in a number of areas.

It said: “The Forestry Commission believes Sheffield city council, and other local authorities, must take note of these lessons learned for future operations.”

Four protesters who were successfully prosecuted for breaching an injunction during protests in December and January last year are seeking legal advice to have their convictions overturned.

Calvin Payne was found to have breached an injunction not to enter a “safety zone” around trees earmarked for the chop, and to have incited others on Facebook to follow his lead. He was given a three-month suspended sentence and told to pay the council’s £16,000 legal costs, after the local authority instructed a prominent QC for a one-day hearing.

Local celebrities, including Jarvis Cocker, helped crowdfund the legal fees for Payne and another protester, who was handed an £11,000 bill for spending 10 minutes in a tree safety zone.

Payne, a member of Sheffield Tree Action Groups said: “Throughout this process it has become clearer that action taken by the council may not have been justified and we have this overwhelmingly feeling that an injustice against us has occurred.

“It was only due to the judge’s common sense that we did not end up serving time in prison. After this report, which has again highlighted the council’s failings, we are looking at the options available to us.”

Campaigners have repeatedly protested against the felling programme, claiming healthy trees were being destroyed unnecessarily. Last year the issue escalated with increasing demonstrations and the use of private security guards and police officers to support operations. Multiple arrests were made.

In March 2018, the programme was halted, by which time 5,478 street trees had been felled in the city between 2012 and 2018.

The environment secretary, Michael Gove, who has been an outspoken critic of the programme, describing it as “bonkers” and a “travesty”, called for councils across the country to learn from the saga.

He said: “Not only did Sheffield city council fell swathes of precious street trees unnecessarily, it failed to keep proper felling records, it did not adequately consult the community and it did not openly engage with the Forestry Commission on its subsequent investigation.

“This demonstrated a casual disregard which the report says may have even resulted in greater costs to the taxpayer. We must not let this happen again.”

A Sheffield city council spokesperson said: “We will carefully consider the findings of their report and consider what lessons can be learned.”