Members of a Wiltshire woodland conservation group could be liable for costs of up to £463,000 after a High Court judge dismissed their case against Bradford on Avon Town Council.

The Friends of Becky Addy Wood (FROBAW) were granted a temporary injunction in February 2023 preventing Bradford on Avon Town Council from doing any more tree works in the ancient woodland overlooking the Avoncliff valley and the Kennet & Avon Canal.

They took action after the council announced plans to fell 152 trees, some of which have Ash Dieback Disease, which FROBAW claimed was completely unnecessary.

They claimed that a Memorandum of Understanding signed by both parties when the council acquired the woods in May 2020 gave FROBAW a say in their management, as the group had contributed £30,000 towards the purchase.

The group also disputed the council’s footfall survey for the woods, which claimed there was a risk to public safety from falling trees, saying the figures had been “wildly exaggerated”.

Their case went to a four-day trial at the High Court in Bristol at the end of April and now Judge Blohm KC has ruled in the town council’s favour.

The town council has now vowed to recover as much of its £463,000 legal costs as possible from the conservation group, who were represented in court by two claimants Chris Humphries and Lisa Otter-Barry, acting on behalf of six representatives of FROBAW’s near-150 members.

In a statement, the town council said: “The town council are pleased that the High Court case against the council regarding Becky Addy Wood has been dismissed.

“The judge ruled in favour of the town council, confirming the Memorandum of Understanding (MoU) is binding, that the council has complied with its duty to consult with the Friends of Becky Addy Wood (FROBAW) in the production of the management plan and that the claimants Lisa Otter-Barry and Christopher Humphries do not have any trust claim over the woods, nor does FROBAW.

“The town council deeply regret that this court case, which was brought against us and that the town council could legally not withdraw from, has cost £463,025.05 in legal fees and disbursements.

“The town council will be vigorously seeking to recoup as much of those costs as possible. Throughout the process, the town council repeatedly sought a solution which would have avoided this costly court case.”

Chris Humphries, for FROBAW, said: “We are reviewing the judgment carefully and considering our options.

“There is a procedure that takes place now over the coming few weeks to decide on costs, appeal and other matters.”

The town council said it is particularly pleased that the judge recognised that the officers and councillors involved in the case have undertaken their roles in good faith.

It added: “Despite undertaking two rounds of mediation and offering several opportunities to settle and stop this legal case, the claimants pursued the case to trial.

The council said it plans to continue to undertake its duties under the MoU and hopes that the council and FROBAW can move forward with a positive working relationship.

Bradford on Avon mayor, Cllr Jack Vittles, said: “We particularly regret that this court case has forced the town council away from other important projects not just for the woods, but across the wider town.

“This court case has taken up a considerable amount of councillors and officers’ time over the last two years and has been particularly stressful for those involved.”

The next stage will be a hearing where the town council hopes the judge will lift the current injunction so officers can refocus on the responsible management of the woodland.