Save Chester campaign challenge legality of decision
The Save Chester campaign in Southend-on-Sea, which was recently featured in Essential Arb, have instructed a barrister to challenge the plan to fell the 150-year-old London plane tree on the basis that it violates human rights laws.
A document sent to the council and developer outlines:
1. How human rights law can be used to challenge tree removals - The European Convention on Human Rights (ECHR) protects communities from harmful environmental decisions.
The removal of mature trees may violate: # Article 8 (Right to Private and Family Life) – Trees contribute to clean air, well-being, and quality of life.
Their removal can harm local residents. # Article 14 (Prohibition of Discrimination) – Communities already lacking green spaces may be disproportionately affected, raising concerns of environmental injustice.
2. Why councils must consider climate obligations in planning decisions - Public authorities have a legal duty to consider climate impacts in decision-making. Felling mature trees contradicts international biodiversity, sustainability, and climate adaptation commitments.
3. The importance of community consultation in tree protection cases - Local councils must engage with residents before making major environmental decisions. Failing to consult the public undermines transparency, accountability, and environmental justice.
The legal advice reinforces the need to challenge tree removals using human rights and climate law.
This case is not just about Chester—it’s about protecting urban trees everywhere.