Our campaign to protect Westbrook Woodland

In 2018-2019 we successfully campaigned to have the woods protected by a blanket woodland Tree Preservation Order (TPO 500/318) . Our campaign featured in the newspaper, and was supported by Bath Preservation Trust and Charlcombe Parish Council. Over 100+ people wrote to the Council in support of the blanket TPO, and this order was made permanent at a B&NES Council planning committee meeting on 24 April 2019.

The woodland TPO category protects trees and saplings which are planted or grow naturally after the woodland TPO was made, ensuring the essential qualities of the woodland are retained in perpetuity. Because all the trees across the site are protected, by law any tree works must be done with prior approval by B&NES Council. The landowner sought and was granted permission for work to certain trees in danger of falling (18/05660/TPO), on the condition that these felled trees be replaced. The landowner was also granted permission to coppice a number of trees (Ref: 19/05295/TPO), purportedly to allow access to the few large trees in need of removal.  

Rather than employ a tree surgeon, the landowner chose over winter 2020/21 to carry out much of the work using his own 'Bath Demolition' digger, and in fact has uprooted trees rather than coppicing them, causing significant damage to the site. 

Against public health advice to avoid bonfires during the Covid pandemic, and disregarding guidance to leave felled trees as deadwood habitat on site, the landowner has also burnt piles of wood in early 2021, flushing keyworker children at WASPs from their smoke-filled classrooms, and causing distress to the wider community. 

In May 2021, the Council determined that the landowner had breached the TPO and has ordered replacement planting that must take place by January 2022. The B&NES officer has passed on thanks to the community for their continued monitoring of the site.

When the land was fenced off in 2018, the Friends of the Orchard applied on behalf of the community to register the Westbrook Woodland as a Village Green. We heard from nearly 200 individuals, families and community groups who have treasured this land for all the varied uses it inspired, including brook-jumping, den-building, dog-walking, conkering and more. 

A public inquiry was held online from 3-11 September 2020, and despite our clear evidence of significant use, unfortunately the Inspector for the public inquiry did not recommend approval for Village Green status. 

Our evidence of use went back 60+ years, and we thank everyone who took part by adding their voices to this record of public use. 

The Westbrook Woodland is one of the last remaining 'open' lengths of the historical West Brook, which used to flow to the length of Weston Village. The West Brook was culverted beyond Symes Park some decades ago, and its contribution to the communal history of Weston is now in danger of being lost. Weston was once known as the 'laundromat' of Georgian Bath, and the clear waters of the West Brook were used to serve the posh homes and hotels of the time. The weir at the Westbrook Woodland - which so many of us used casually as 'stepping stones' to cross the brook - has a historical origin and appears in maps dating to the 1700s. 

A huge thank you to all those who have supported the Save Westbrook Woodland campaign.  

Our crowdfunding in spring 2020 raised over £200 to fund our campaign's administrative costs, including covering the thousands of pages of photocopying for the 'evidence bundles' for the Village Green  public inquiry.

Over 180+ local people submitted signed evidence to the Public Inquiry describing their use of the Woodland. All the evidence submitted by Friends of the Orchard to the Council was presented to the Inspector, and she made it clear she had read through it all. The inspector thanked all the witnesses for their honesty and integrity and said there was no doubt that the area was used by a significant number of locals, for lawful activities.

The weight of evidence was 20-to-1, with those in support of the Village Green massively outweighing the objectors. Unfortunately, we did not have legal representation at the Public Inquiry, while the landowner employed a barrister. In the Inspector's view, we were unable to meet the very high legal threshold for Village Green registration, and without photographic evidence from 1998-2002, we were unable to establish our case without a shadow of a doubt. 

We give special thanks to the eleven people who spoke at the inquiry as live witnesses in support of the Village Green application - you did the community proud! And finally, big credit to Graham, Jim, Nicola, Rachel, Sandra and Shahzia for all the work keeping the campaign going over nearly two years of hard work in representing the community.