Presented to the Wivenhoe Old Oak Group on Wednesday 19th November 2025
We write further to our previous discussions and following on from the conclusion of our investigations into the removal of the oak tree, which is located within the car park, High Street, Wivenhoe, and the horse chestnut in the KGV field.
To begin, permit us to say how much we all appreciate the group’s dedication to advocating in this matter. Wivenhoe Town Council is committed to upholding and implementing its environmental and biodiversity objectives and your support of this is most welcome. We recognise the great lengths that you have gone to in providing evidence in support of preserving the two trees, and this evidence has been weighed alongside the other evidence available in order that we might reach the right decision overall.
The Background
We are not of course at liberty to discuss the details of the legal claim against the town council, but what we can say is that the insurer of two properties that have been affected by subsidence have called upon Wivenhoe Town Council to take action to prevent an ongoing legal ‘nuisance,’ the definition of which is “unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure health or be likely to injure health”.
Failure to take action could see the Town Council face claims for the costs of underpinning the properties, repairing property damage, as well as legal costs.
To date, the claimants have provided their own monitoring data spanning 2021 to 2025 (which is legally privileged, as part of the claim) and the council have, in turn, obtained independent expert evidence (also privileged) to assess that data which comes in the context of litigation, including the wealth of evidence that the Wivenhoe Old Oak Group have helpfully also provided.
The council’s independent experts have therefore had a fully rounded view of the breadth of evidence available, and – as you may already know – an expert’s duties are owed to the court and not to the person or body appointing it. So, please rest assured Wivenhoe Town Council has based its decision on sound, impartial advice, following on from careful and thorough review.
The Decision
The findings of the council’s independent expert investigations clearly support the view that the oak tree and the horse chestnut are causing subsidence, which in turn is causing damage to claimants’ properties.
On that basis and after lengthy and careful consideration, taking into account all of the evidence presented since 2021 as well as the legal duties owed by Wivenhoe Town Council to the property owners, the council has concluded that the original voted decision to remove the oak and horse chestnut trees still stands.
Wivenhoe Town Council recognises the amenity of both trees to residents (including the Wivenhoe Old Oak Group) and has taken this on board as part of our decision-making process. However, the council has a duty to prevent a legal ‘nuisance’ (as defined above) occurring, in such circumstances, when it is aware that a ‘nuisance’ is occurring. This duty is known as ‘abatement’. Therefore, the council’s ongoing liability to the property owners must take precedence. The council is also accountable for ensuring the responsible management of what are, in reality, limited public funds and to that end, the expert advice confirms that the only viable solution to prevent further and ongoing damage to the properties is to remove the trees.
The Proposal
Wivenhoe Town Council proposes removing the two trees by the end of February 2026. We therefore respectfully call upon all parties to allow the council to fulfil its legal obligations without obstruction. Naturally, we remain open to constructive dialogue with the Wivenhoe Old Oak Group, including discussion of how to best ensure the commemoration of the trees and creating a fitting legacy.
We also take this opportunity to welcome any new and further opportunities to work together on future initiatives with the aim of enhancing and protecting Wivenhoe’s natural environment. Working together, we have can create something positive for future generations of Wivenhoe residents.