Nature vandalism – Lewisham Council must take action now

We were very concerned to learn a Site of Importance for Nature Conservation with protected trees has been trashed in an act which can only be described as nature vandalism.

We have written to Lewisham Council to ask that they take action urgently to enforce against this environment crime, like Greenwich Council did recently following tree felling in New Eltham and Bromley did after the ‘Bromley Tree Massacre‘ in Cator Park. It’s vital boroughs do this or landowners feel they can act with impunity.

• Please take action: Local campaigners have published TAKE ACTION – Save Willow Tree Wetlands before it’s too late asking people to put pressure on the council to take enforcement action.

CPRE London’s letter is set out below. We have also put local campaigners in contact with journalists and hope this will help generate pressure.

Our letter to Lewisham Council:

We were extremely concerned to hear from local residents that this important protected land has been subject to nature vandalism and fly tipping once again. We are particularly concerned that:

• the landowner appears intent on degrading the land’s biodiversity to pave the way for future planning applications following a previously unsuccessful application
• the developer has challenged (in their Local Plan consultation response) the upgrading of the site’s status to Metropolitan SINC proposed for Lewisham’s Local Plan, saying that it does not meet the criteria, while simultaneously destroying the basis of the upgrading.

Please can Lewisham Council:

• Serve an injunction to halt works; enforce the site-wide TPO / investigate the TPO breech and prosecute crimes committed
• Take action to force the reinstatement of all trees and habitat at the owner’s cost
• Reassure us that the action of the owner/ developer will not derail attempts to upgrade the protection of the site through the Local Plan process.

Ultimately we ask that the council works with the local community to purchase the land via a Compulsory Purchase Order, to bring it into public ownership, take it away from these irresponsible developers, protect the biodiversity – one of the most biodiverse areas in central London, and uphold the manifesto commitment of the former Mayor to implement the Railway Children National Park to provide public access to this crucial green space.

I am enclosing a PDF from local campaigners with photos of the latest destruction by the developer to Willow Tree Stable site forming part of The Railway Children Urban National Park. The photos also show the site owner has removed evidence of vegetation that secured its SINC and MOL status in 2013.

• Please can you let me know what action the council is taking in relation to this?

We were pleased to receive a comprehensive response to this letter on 15 March 2024, set out here: 

Dear Alice Roberts

Mayor enquiry – Local Plans 23287177
RE: Alice Roberts of Campaign to Protect Rural England, C P R E London , 70 Cowcross Street, London, EC1M 6EJ

I write further to your enquiry to the Mayor Lewisham regarding the works at Willow Tree Stables and I have been asked to provide a response on their behalf from the Planning Service.

The Council has an ongoing investigation involving multiple service areas led by the Planning Service into the works that have taken place.

The consultant team working for the landowner had previously stated to the Council that the following works were taking place:

• Secure the site boundaries and remove accumulated refuse to prevent arson and anti-social behaviour issues which have required attendance from the Police and Fire Brigade.
• Organise and clear refuse, which is piled near the Ronver Road entrance, this will be handpicked where necessary. Machinery (diggers) will undertake the rest of the refuse collection.
• Burning of waste on top of a corrugated tin sheet to protect the ground below.
• Retain all TPO trees.
• Remove dead TPO trees and submit a 5-day notice for details of replacement tree planting
• Ongoing checks for nesting birds and protected species.
• Flailing for grazing (within the extend agreed during the previous planning appeal), clearing soil from the track, locate historic drains and remove piled tyres from southern wet woodlands.
• No demolition of stable buildings
• No works to the west of the North-South behind the stables.
• Investigate litter and how to access area with Japanese Knotweed in the North side of the site
• Management of asbestos

The landowner confirmed on the 29^th February that works on site would cease on 1^st March 2024.

You have specifically requested the following actions which I will address in turn:

• Serve an injunction to halt works; enforce the site-wide TPO / investigate the TPO breech and prosecute crimes committed

This question follows your concern that you consider the ‘landowner appears intent on degrading the land’s biodiversity to pave the way for future planning applications following a previously unsuccessful application’.

There is an ongoing investigation taking place where we are seeking to establish if a breach of the Tree Preservation Oder has taken place.

At the current time the Council cannot confirm that a breach has taken place. Officers have made multiple site visits and have taken tree samples for analysis to determine their age. Whilst we can count the tree rings and have determined the tree species, this is not an exact science as some trees grow double rings in a growing season and this is also affected by climatic and soil conditions.

There are several other ways of ageing trees such as measuring around the trunk at a certain height (examples of different heights are used in the industry) or using an incremental borer which takes a core sample.  As such, the Council is seeking expert independent advice to assist with its ongoing investigation.

Should the Council confirm a breach of the Tree Preservation Order, it will promptly undertake formal enforcement action.

• Take action to force the reinstatement of all trees and habitat at the owner’s cost.

Officers continue to pursue the landowner and their consultant team for details of replanting and the submission of an ecological method statement. The landowners legal advisor has confirmed that details will be submitted to the Council but not has provided a date.

The landowner has confirmed in writing they have no intention of removing the large piles of cleared trees/ vegetation and dead wood from the site.

The Council expects a planning application to be submitted for a new boundary fence. When an application is submitted, the Planning Service will check to ensure the correct documentation has been submitted and a period of statutory public consultation will commence. This will give residents and other interested parties the opportunity to review the plans and submit comments to the Planning Service for consideration in the decision-making process.

• Reassure us that the action of the owner/ developer will not derail attempts to upgrade the protection of the site through the Local Plan process.

This question follows your concern that ‘the developer has challenged (in their Local Plan consultation response) the upgrading of the site’s status to Metropolitan SINC proposed for Lewisham’s Local Plan, saying that it does not meet the criteria, while simultaneously destroying the basis of the upgrading’.

The Local Plan will be examined by the appointed independent inspectors and discussed in public through the hearing sessions provisionally booked in June and July 2024.

The basis for upgrading the SINC to metropolitan status was informed by evidence prepared by an independent consultant LUC in Feb 2023. This can be found on the Councils planning website.

The conclusion of this study was far from conclusive; however, a decision was taken by the Council to proceed with upgrading the designation of the Willow Tree site. The inspectors will review the Regulation 19 representations and all parties who have responded have the opportunity to participate through the public hearings. As such the landowner of Willow Tree has the opportunity to participate and object to the upgraded designation. If this matter is brought to the inspectors attention and is something that they want to scrutinise then it will be the evidence that will be a key determining factor in any decision.

CPRE’s request of the Council is:

• The Council works with the local community to purchase the land via a Compulsory Purchase Order, to bring it into public ownership.

With the Council’s support, the Baring Trust led the commissioning of a masterplan and feasibility studies for the Grove Park Urban National Park. Following the completion of this work, the Council is now exploring the deliverability and prioritisations of the proposed interventions.

In doing so, the Council has created a stakeholder group including Network Rail and Phoenix Community Housing. The delivery of the projects contained within the masterplan will be contingent on attracting grant funding and we continue to review all available funding opportunities. Recently, we were successful in securing Rewild London funding to support biodiversity measures in Northbrook Park.

You have also asked:

• Please can you let me know what action the council is taking in relation to this?

Officers from across the Council continue to be in regular contact with the landowner, their consultant team and legal representative. We are furthering our detailed investigation to explore possible breaches of planning, taking independent legal and expert advice.

If there is a confirmed breach of planning control, the Council will undertake prompt enforcement action.

Yours faithfully
Pansela Turcea, Senior Planning Technician on behalf of Michael Forrester, Head of Development Management