Farmer blames council ‘incompetence’ for latest threat to livelihood

The farmer at Bristol’s last working farm says that she is now even more likely to lose her farm and livelihood thanks to the “incompetence” of Bristol City Council.

Yew Tree Farm tenant farmer Catherine Withers says she is “devastated” following a decision that allows the removal of a hedgerow because the council did not respond in time.

Part of the hedgerow close to Bridgwater Road could be removed in order to build a gate set to be part of a new access road to fields that could then have houses built on them.

The building of these houses could lead to the farm becoming financially unviable for Withers, whose family has farmed the land for almost 60 years.

In a letter seen by Bristol24/7, a manager at the city council’s planning enforcement team admitted that errors had been made by the council during the application process.

But despite this, the manager said that a section of hedgerow is now able to be removed, with the case now being closed.

The latest development comes a month after a stand-off at the farm in Bedminster Down when a tractor first arrived in an attempt to cut through the hedgerow.

Responding to the decision made by the council’s planning enforcement team on Wednesday, Withers said: “From what I am reading this is an awful decision. I am devastated.

“This is a protected and ancient hedgerow, I feel entirely let down by the whole process and am now living under even more pressure and more likely to lose my farm and livelihood thanks to incompetence from planning enforcement.”

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Read more: In Their Own Words: Catherine Withers

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Bristol Tree Forum have already threatened to take legal action following the city council’s decision that the hedgerow is now able to be removed.

The hedgerow is located within the newly-designated Site of Nature Conservation Interest, but even this seems unlikely to protect it.

The email from the council officer said that after considering how they handled the application to remove the hedgerow, “it transpires that we did not properly realise what the application was and treated it like a request for info on proposed works to trees”.

The council employee said: “Our Administration and Business Support Team produced the letter and cancelled the submission/application – that was an error on our part – as such we had not processed the application.

“This is the first application of this type for many years, and we accept that our Administration and Business Support Team made a mistake – we have put in place a process to ensure that such an error is not repeated.”

They added: “Returning to this case – our legal team also reviewed the Legislation and advised on the scope of the Hedgerow Regulations 2007 (‘the Regulations’); advising:-

“• The Regulations apply to all hedges or parts of hedgerows growing in or adjacent to common land, protected land or land used for agriculture, forestry or breeding/keeping horses; and that have a continuous length of or exceeding 20 metres, or less than 20 metres but at each end meets another hedge;

“• The Regulations prohibit the removal of such a hedgerow unless either:

“- Notice is served on the LPA to consider its removal; or
“- The works are ‘permitted’ by the Regulations (‘Permitted Works’).

“We have spent some time in this case trying to establish of the works were ‘permitted’ by the Regulations but have concluded that none of the provisions apply in this scenario.

“Our final position in this matter is that the works can be carried out as no Notice of Decision was issued within the prescribed timeframe (this was due to the error on the part of the Council in not processing the application correctly).

“We have advised the landowner’s agent of this position and asked that if they programme and undertake the work that they contact our planning ecology team in advance so that we can provide some guidance.

“We hope the foregoing is clear as an explanation as to why we have closed this case today.”

Bristol City Council have been asked for comment.

Main photo: Martin Booth

Read next:

• The fight continues to save Bristol’s last working farm
• Countryfile broadcasts from Yew Tree Farm as its future remains uncertain
• Has a new insect been discovered in south Bristol?

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