Background to the campaign

This is a brief history to the decision of High Court to restrain the airport from doing any tree-works at Marlhill Copse:

1. Marlhill Copse has a group Tree Preservation Order (TPO) therefore any tree-related works require a planning application.

2. The airport made applications for major works in 1983 and 2003 on the grounds of air safety. Both were refused by Southampton City Council (SCC).

3. Following the purchase of Marlhill Copse by the Southampton International Airport Ltd. (SIAL) in August 2018 for £260,000 it applied for very similar works in January 2019.

4. This time SCC said that the works did not require a planning application as TPOs did not protect trees that were a threat to air safety (again alleged to be the case by the airport). Therefore all the airport needed to do was apply to the Forestry Commission (FC) for a felling licence (needed for trees over a certain size).

5. However the access route to the main works did require a planning application (19/00006/TPO) as these trees were not exempt under air safety.

6. Because of the TPO (and Marlhill Copse'e preservation status), SCC is a consultee to the issuing of a felling licence.

7. The felling licence requested covered 13 acres of Marlhill Copse. The initial Phase 1 was for just under 10 acres. 27 Large pines were specified for felling within this. The airport's submission to the panel meeting included a data-table of 219 trees at Marlhill Copse that penetrated (by distances indicated) the 'protected surfaces' (areas within which aeroplanes need to be aware, in advance, of obstacles).

8. The City Council's Tree Officer combined the access route application and the decision on whether to object to the FC licence into one item at the Planning and Rights of Way meeting held on 12 March 2019, with a recommendation to approve the access route and not oppose the felling licence.

9. The Council panel approved the Tree Officer's recommendation despite the airport admitting at the meeting that the request was based on commercial grounds and not air safety [The airport had previously acknowledged in writing that the trees were not unsafe].

10. I contacted Richard Buxton solicitors ( a firm in Cambridge specialising in Environmental Planning and Public Law) about the legality of SCC's decision.

11. Following contact from Richard Buxton, The FC said it was not going to issue a felling licence for the (amended) 20 large pines saying that the matter was between SCC and SIAL. This left the fate of the 219 trees (including these 20) still in question as they could still be crown reduced to remove protrusions into the 'protected surfaces' - some trees penetrating by over 20 metres. Such vast reduction would amount to complete crown loss and in the case of the pines, at least, death.

12. Richard Buxton requested an emergency injunction ('quashing order') which was granted by the High Court on 29th March. Whilst the justification for the injunction had a number of grounds, the main one was that the law does not allow the overruling of TPOs on commercial grounds. (my phraseology).

MarlhillCopse999@gmail.com

~1850 - The Monterey Pines at Marlhill Copse that the airport wants to fell were planted.

~1912 - Owners of Townhill Park House commission an arboretum within Marlhill Copse (almost exclusively non-native species).

1932 - Southampton Municipal Airport created

1948 - Marlhill Copse sold. Very little ‘management by humans’ since then.

1956 - Tree Preservation Orders on Marlhill copse made by the County Borough of Southampton.

1960s – The Houses backing onto Marlhill Copse are built

1983 - Southampton airport applies to fell the Monterey Pines and other tree works at Marlhill Copse on the grounds of air safety. Permission is refused by the City Council.

The City Tree Officer comments “Concern has been expressed as to why the question of safety has suddenly occurred, bearing in mind that the trees are mature and have been so for many years.”

2003 - Southampton airport applies for the same works (the metal discs from this time are still visible) on the grounds of air safety. The tree officer quotes his predecessor and asked the airport what had changed. Again the Council refuses permission.

2018 - Southampton airport buys Marlhill Copse.

It lobbies and visits local groups such as the Hampshire Gardens Trust, the Friends of Townhill Park House Gardens who might support its plans. It offers to donate Marlhill Copse to the City/Community and fund a woodland management plan provided it can cut down the Monterey Pines and others. Southampton airport publishes a draft master-plan outlining expansion from 2 to 5 million passengers using more laden aircraft flying to destinations further away. Southampton City Council approves of the airport’s expansion in its written comments on it.

2019 - Residents very local to the Copse are informed of the plans. Southampton airport states that currently the trees are not at an unsafe height.

Southampton airport applies for the same works at Marlhill Copse on the grounds of air safety. Unlike in 2003, the city Council decides not to publicise this application and denies that it has records of the previous applications. Miraculously the plans are this time approved.

MarlhillCopse999@gmail.com