The town council is to appoint an expert arborist and ecologist to produce a new management plan for Becky Addy Wood. The plan will address the damage that occurred during the recent legal dispute when the town council was prevented from working in the woodland. The plan will also ensure the woodland is managed for nature and the safety of those enjoying it.
The disagreement over Becky Addy Wood was about the council’s management of ash dieback disease in the woodland. Following lengthy discussions the dispute, after 2 years, culminated with High Court proceedings, and an injunction stopped the town council managing the woodland responsibly while the case was considered. As the town council has been vindicated by the court, and with the injunction now lifted, we can start to repair the damage that has occurred over the years of enforced inaction.
During this time, many ash trees affected by ash dieback disease have fallen throughout the woodland. This includes trees coming down across the public footpath and trees that are unstable and hanging near the path. We will also be assessing the ecological impact, such as where trees with bat roosts have snapped. We are looking forward to planting new trees to make the woodland more resilient.
The town council is pleased that the High Court case about Becky Addy Wood, brought against the council, is now finished. The case was brought by the claimants, Lisa Otter-Barry and Christopher Humphries, who could have withdrawn at any time, unlike the town council which, as defendant, could not. Two rounds of mediation and a number of settlement offers were unsuccessful in bringing the dispute to an earlier close.
The court case concerned whether the claimants and the members of the Friends of Becky Addy Wood (FROBAW) had a trust arrangement and therefore could take ownership of the woodland. This argument was dismissed.
The court case also considered the ability of the town council to make its own decision without the consent of the claimants, or more broadly, FROBAW, and the behaviour of the town council in coming to the decision that it has reached. The judge concluded the town council had consulted properly, acted in good faith and could make the decisions as it had done.
Following the judgement in September that the town council had won, there was another hearing in January to settle other matters. In both September and January, the judge stated that the town council acted in good faith throughout its ownership of the woodland.
At the January hearing, the court ordered that Lisa Otter-Barry and Christopher Humphries must contribute towards the town council’s legal costs. The first payment, as instructed by the court, of £101,000 was paid to the town council on 5 February 2025, a second payment of £64,000 was paid on 26 February – with the final settlement to be agreed.
The judge also ruled that he would not grant the claimants the opportunity to appeal against his judgement. A further period where the claimants could ask the Court of Appeal if it would consider the case has now passed, so the case has come to an end.
One week after the claimants brought the case in February 2023, the town council offered to settle by engaging independent jointly appointed experts to assess the woodland. The experts would assess the woodland for its ecology and the safety of the trees. Though ordered by the court in May 2023, the claimants never agreed to instructions being sent to joint experts.
We have now set up a Becky Addy Wood Liaison Committee, attended by representatives from the town council and FROBAW.
At the first meeting, we reaffirmed our commitment to appointing independent experts to make a new woodland management plan. And we’re pleased FROBAW has now agreed.
We hope regular meetings of this liaison committee will foster an open and constructive relationship.
This liaison committee will be the forum for consultation on the management of the woodland, with its recommendations presented at our Environmental & Green Spaces Committee.