Newark and Sherwood District Council maintains actions over London Road carpark extension plans were legal
A council has maintained its actions over plans to extend a carpark on green space in Newark were legal.
Newark and Sherwood District Council faced questions from campaigners at a full council about its handling of the London Road carpark issue.
It planned to create extra carparking spaces on green space land next to Newark Library, which would have meant the felling of four mature trees.
However, it back-tracked after reaching a new financial agreement with the landowner following a huge public backlash and protest on the site.
Questions submitted by members of the public challenged the council's response to the protesters and its handling of work at the site.
Council leader David Lloyd said: "We know environmental law because we prosecute people under it.
"I'm not saying that we are experts at everything, but I do say that we work with people who are experts on certain matters and we take their comments on board."
Campaigner Wendy Patterson asked why items including chairs, pillows, sleeping bags and a pop-up tent were not allowed on site when protesters refused to leave.
Mr Lloyd said: "The advice you received about prohibiting trespass for the purpose of inhabitation was correct and remains so — it's law.
"People are very quick to demand action when other unlawful encampments take place throughout the district, and on those occasions we are frequently reminded that it is a quality within the law that should apply to all.
"On the day there was frequent conversations about the health and well-being of the campaigners, with one elderly lady in particular, and every effort was made to avoid forcibly removing people from the site."
Mr Lloyd said Nottinghamshire Police had assessed the level of resource it felt necessary.
He said: "A return day was agreed in conjunction with the police and it is completely inaccurate to say that the council required the police to attend.
"The police determined that the offence of aggravated trespass would be committed if campaigners chose not to respond to their requests to leave the site.
"At every point the council and the police sought to avoid confrontation and that is why people where given time to leave of their own accord, and those that were remaining where not arrested.
"That is further testament to how reasonable persons have been where possible."
The council was also questioned about perceived health and safety breaches at the site through the use of a chainsaw to cut a hedge and the erection of fencing.
"No hedge was attacked, no members of the public were endangered and no health and safety laws were broken," Mr Lloyd responded.
"A suitably-qualified contractor with a hedge trimmer began to trim the hedge for access to the site. They were flanked either side by banksmen wearing hi-vis clothing. They were purposefully approached by other persons not engaged in that work, and the work stopped nearly as soon as it started with no risk to pedestrians or protestors making their way towards the hedge.
"The fencing feet were briefly laid on the footpath at the side of the library as some protesters began to stand in the way of the erection of the fence panels and footings as they were being carried onto the site.
"These feet were moved onto the grass area once final assembly of the compound was complete. At no point was the fire exit door blocked deliberately and if it were it would only be briefly and inadvertent due to those situations."
Protester Pamela Ball asked: "Which officer received the report [bat survey], read it, checked it for completeness and validity and authorised the tree felling to go ahead?"
Mr Lloyd said: "No bats, and no evidence of occupancy by bats was found by a professional ecologist. For the record, the person commissioned was a senior ecologist who holds a Natural England level two class licence, and as always we prefer to take our advice from independent, properly commissioned, properly recognised and qualified professionals.
"Again, for the record, we were never minutes away from the trees being felled, that is simply untrue."
The meeting heard there had been reports of abuse of council officers, said to have taken place in supermarkets, online and by telephone.
Mr Lloyd also made reference to other planning applications involving tree felling in his ward and the lack of support those sites garnered.
He said: "My own maths made in excess of 70 mature trees [to be felled], all of which in another place and here I have defended and sought to protect. Indeed Beacon Hill Way, half way up, there was a bat survey indicating more bats than were on the London Road carpark extension.
"No comments submitted, no campaign, no protests, no contact with myself as ward member, no comment from Wildlife Trust opposing them, no comment from Natural England opposing them, no fever, nothing online."