Save The Happy Man Tree
Save The Happy Man Tree
Latest: July 28, 2020
We urgently need your support- judicial review applied for
Update – plans that will destroy the Happy Man Tree to go back to the planning committee and judicial review applied for.
Hackney Council have conceded that the Woodberry Down Phase 3 devel…
Read moreWhy we are raising money
We need funds to cover the legal costs of challenging Hackney Council’s decision to allow the destruction of The Happy Man Tree. Help us save the tree and ensure that the environment and the community’s wishes are prioritised.
Our campaign to save the Happy Man Tree
Friends of The Happy Man Tree have been campaigning to save this 150-year-old beautiful and healthy tree on Woodberry Down estate, London N4. The Happy Man Tree is a local landmark which holds significance for many people – from those who grew up on the estate, to those who have more recently made it their home. In April 2020, Hackney Council granted planning permission for the destruction of The Happy Man Tree as part of Phase 3 of the Woodberry Down regeneration by Berkeley Homes. Community concerns and alternatives to the destruction of the tree were effectively silenced at the planning meeting. Since mid-May we have had a continuous presence at The Happy Man Tree, sleeping in it at night to protect it. Over 23,000 people have signed a petition to protect the tree. Numerous efforts to have a genuine dialogue with Hackney Council have been met with dismissal and legal proceedings against us.
Legal action is now urgent
Hackney Council and Berkeley Homes were granted an injunction in the high court on 26 June, and are due to serve notice that the public must stop occupying and protecting the tree any day now. Demolition of the pub next to The Happy Man Tree has now started and must be stopped before the tree is damaged. We have advised Hackney Council that the demolition is unlawful as planning permission has not yet been granted – only a resolution to grant planning permission. Our only way forward is to challenge the unlawful actions of Hackney Council and seek a judicial review. On 30 June, we instructed solicitors who have sent a pre-action letter to the Council. We estimate our costs if we have to start legal proceedings at upwards of £10,000. We have already incurred costs for legal advice to protect local people who were singled out in the injunction proceedings, so we are asking all supporters of The Happy Man Tree to contribute towards the costs of this new challenge.
What we are challenging
We have a very good chance that our legal challenge will be successful. Parts of the planning decision have been identified as unlawful. A similar legal challenge was recently won by Holborn Studios and acts as a precedent.
Demolition of The Happy Man pub next to the tree has already started and is proceeding unlawfully, without the required permissions and plans in place. The demolition is likely to damage the tree.
What we hope to achieve
We are taking this legal action to save The Happy Man Tree and to make Hackney Council prioritise the survival of mature trees and the wishes of the community, for whom the natural ecosystems around them are an important part of their everyday enjoyment and wellbeing. Hackney Council has declared a climate emergency; its actions must reflect that and put the environment and communities first. We support the development of new homes, and particularly social housing for local residents. Our informed opinion is that the destruction of The Happy Man Tree is not necessary in order for development to go ahead. To minimise delay, other work on Phase 3 can continue while a solution is found that allows the tree to continue to exist, flourish and nurture the community that lives around it.
Ways you can help
Please help save The Happy Man Tree by donating towards the cost of this legal challenge. You can follow us on social media: Twitter, Facebook, Instagram – and see more information on our website - thehappymantree.org.
Over 23,000 have signed our petition in support of the tree – please sign and share, along with this fundraising page. If you are local, come and support the tree- we’d love to see you!
Thank you for your continued support from
The Friends of The Happy Man Tree
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Friends of The Happy Man Tree
July 28, 2020
We urgently need your support- judicial review applied for
Update – plans that will destroy the Happy Man Tree to go back to the planning committee and judicial review applied for.
Hackney Council have conceded that the Woodberry Down Phase 3 development application, which includes the removal of the Happy Man Tree, amongst other mature trees, will go back to the planning committee for reconsideration – they are suggesting in September 2020. The reason they have given for going back to the planning committee is that the Council has adopted a new Local Plan but it seems to us that our judicial review pre-action protocol letter obviously prompted the reconsideration.
Whatever the reason, we hope that going back to committee his will provide a genuine opportunity for our objections and alternative proposals for Phase 3 to be properly discussed. The council will be mindful of the recent judgement of the High Court in the Holborn Studios case, that found that their attempts to limit what they consider to be lobbying in the planning process are unlawful. The council have stated that they will be reviewing this practice.
Although the Council and Berkeley Homes have said they do not intend to cut down the Happy Man Tree prior to the reconsideration, we are concerned that Hackney Council and Berkeley Homes are relying on a licence entered into on or about 24 April 2020 (the same date as the resolution to grant planning permission) to allow Berkeley Homes to go onto the Council’s land and cut down the Happy Man Tree. We asked them not to rely on this licence to cut down the Happy Man Tree and to obtain another licence if they do receive planning permission to cut down the tree as part of the Phase 3 development. They both refused so we had no choice but to issue judicial review proceedings to quash this licence.
We continue to seek dialogue with Hackney Council and Berkeley Homes about working up alternative designs for Phase 3 that have previously been put on the table, and which do not involve the cutting down of the Happy Man Tree, and to support positive outcomes for all parties.
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