A community of environmental campaigners are "relieved and delighted" a 123-year-old plane tree has been saved once again from council chainsaws.
Haringey Council had been planning to fell the tree in Oakfield Road, Stroud Green, this week, saying it risks a claim of more than £400,000 if it is not cut down.
Two insurance companies believe it is causing subsidence to two nearby houses, but Judge Dan Squires upheld an injunction brought by the owner of one of the houses, Andrew Brenner, against the council at a remote hearing this morning (March 17).
A judicial review hearing has now been set to be heard in the High Court on March 29.
The latest development marks a reprieve after the council tried to bring an earlier injunction against Haringey Tree Protectors LTD and Persons Unknown in December to stop protests around the tree so it could be felled.
That was due to be decided at Clerkenwell County Court on Wednesday (March 15) - but the council took possession of the tree "in a show of force" three days earlier amid disputed claims protesters were trying to occupy it.
That hearing had been adjourned from December to give time for a financial ombudsman report against the insurers to be submitted.
But in a last minute intervention, Mr Brenner lodged an injunction without giving notice and independently from HTP to stop the tree being felled.
Richard Buxton, from Richard Buxton Solicitors, representing Mr Brenner, said the judgement was given verbally.
He said: "We took the injunction because we could not rely on Haringey not cutting down the tree before it said it would.
"We had to take it without notice because otherwise had we not done so they would have started cutting it down.
"The judge said today that it was reasonable to do what we did. So it was reasonable for us to give pre-emptive action given our fear that Haringey might cut the tree down before they said they would."
He said the judge also agreed with their point "that there was no explanation as to why the council wanted to cut the tree down before they received a decision on a related issue from the financial ombudsman services".
Jo Syz, from HTP, said he felt "very relieved".
He added: "It's not the end of the line as there's still a process to go through. What HTP wanted was for due process to be followed through and the tree to be properly considered."
Giovanna Iozzi, co-chair of HTP, said: "This is a temporary very joyful breathing space for our tree and a win in the long journey towards our
target of achieving tighter legal protections for our precious public trees, from insurers, developers and councils who aren’t properly protecting them."
Haringey Council has been contacted for comment.
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