Judge to decide if review on Ashton Vale stadium in Bristol can continue
BRISTOL City FC is poised to start building a new stadium at Ashton Vale in July – if the last remaining legal hurdle can be overcome.
The anonymous resident who halted the stadium with a legal challenge has told the High Court that he no longer wants to continue – and more importantly, he has also refused to give his permission to be replaced.
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An artist's impression of how the new Bristol City stadium at Ashton Vale will look
The city council says the withdrawal means the door is now open for the stadium to go ahead.
But former councillor Peter Crispin, who is leading the protesting residents, insisted nothing had changed and the judicial review would proceed.
The lawyers for the protesters are reported to have said they will replace the anonymous resident with another applicant.
But a legal source has told the Evening Post that it would be up to a judge to decide whether a substitute would be allowed.
A judge might also decide that a replacement would constitute a fresh application and therefore fall outside of the time limit for a legal challenge to continue.
The flurry of legal activity began yesterday afternoon, with the city council issuing a statement which said it welcomed the end of the judicial review because the applicant had withdrawn.
Deputy council leader Simon Cook said: "This is a win for local people, who will have 20 acres of open space on their doorstep protected in perpetuity.
"It is a win for the club, who can press on with the development of their new stadium.
"It is a win for the people of Bristol, who will see an excellent new facility, and many new jobs created.
"Most of all, though, this is a victory for common sense.
"Some people lately have been saying that the council does not care about the future of sport in the city.
"They simply could not be more wrong, as I am 'over the moon' at this news."
But Mr Crispin, right, who formed the protest group, SAVE, was adamant the judicial review would go ahead.
He said: "As far as I am concerned, nothing has changed and we are proceeding with the review.
"There is no reason why we should withdraw, because nothing has changed."
Later in the day, the city council issued a copy of the letter by the applicant, whose name cannot be revealed because his identity is protected by a court order, in which he said he was discontinuing with the claim and did not permit anyone to replace him.
The letter added: "I would like to express to the courts that my claim withdrawal is a result of wanting to see this city going forward, providing young people with employment opportunities for the greater good of many.
"I humbly withdraw my claim."
The resident was not at his Ashton Vale home when the Evening Post called yesterday.
When his letter was raised with Mr Crispin, he referred to a statement by Adrienne Copithorne, the lawyer acting for the protesters, which said: "An individual purporting to act on behalf of the claimant served a notice discontinuing the claim on the council last week.
"But in our view the notices are invalid and do not reflect the instructions of the claimant."
She said the anonymous claimant "doesn't recall signing any kind of document" but added that the campaigners would now apply for a second person to be a claimant.
Bristol City chairman Colin Sexstone said: "It does seem that common sense has prevailed.
"It is important to stress the club has only been and remains an interested third party in this matter.
"As such, we await official confirmation from the court, and the parties engaged in this legal process, that the judicial review process has ended.
"Work on the stadium project has slowed in recent months as the judicial review process has progressed.
"We will now take a fresh look at the stadium plans in the light of this news and make any further announcements at the right time.
"The withdrawal of the judicial review brings a greater degree of certainty to our plans and we expect to make a considered decision in due course as to when and how we proceed with the stadium development."
Councillor Peter Abraham, who chaired the cross-party committee which decided last June to allow part of Ashton Vale to become a town green but not the former landfill tip where the stadium would be built, said they examined the facts extremely carefully before making a decision.
He said: "We were therefore disappointed when a local person applied to the High Court to challenge our decision.
"I am therefore pleased today that the extensive legal costs that the taxpayer has been running up defending our properly taken decision are now coming to an end."
If building work on the new 30,000-seat stadium does start in July or early August at the latest, then it should be ready in time for the 2014/15 season.
114 Comments
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by THEIRONS
Thursday, February 23 2012, 10:06PM
“PE175-Well well starting to lose are cool aren't we, god you are scary when you are angry. Still no answer to where these brownfield sites suitable as a alternative to Ashton Vale are situated.The D.L.C. is their and is built on the same green belt land you are so opposed to a stadium being built on.As for the 3200 new homes it is not within my remit to tell the council where on Hengrove Park they are to be situated, if they can cram that many houses on the remaining land.I am 50 years old and was born and raised in South Bristol.Your belief that i am "very mouthy" i don't think you will be able to prevent me from being so.Not a footy fan i assume, what a surprise .As i wrote previous more opposed to the stadium than pro- greenbelt”
by PE175
Thursday, February 23 2012, 8:58PM
“@Therion
I am aware it is Bamfield thats just a spelling mistake,also i am a local resident so put that in your pipe and smoke it.I am across near Filwood,and i know every inch of Hengrove park.
I also know it as an airport and its history and the surounding area.
I also know that the 3200 houses is a Council figure,but it does not mean it cant be questioned,seeing you like the figure so much you tell me where 3200 house are going.
I allready told you that i am for the Green belt land and the TVG ,the Stadium can be built anywhere other than Ashton Vale.
As for the David LLoyd centre that was built years before i was aware of the land in Ashton Vale,i have only visited the site within the last 2 years,investigating it mining and farm history.
You are just a newcomer to the area,and a very mouthy one.”
by THEIRONS
Thursday, February 23 2012, 6:32PM
“PE175-It is Bamfield and not Banfield, the 3200 are not my numbers but the official figures given to the local residents of which i am one, unlike yourself.So i would suggest you throw away that calculator of yours.As for your suggestion that Bristol City all ready have a stadium so why not redevelop,( what so you demolish something so you can rebuild it),because it makes more economic sense to build new.your claim about brown field sites should be used, so name some, that are suitable for a new stadium.Also no answer about the David Lloyd tennis centre already built on the adjacent land that was also so called green belt land.Your utterings are well appreciated by the residents of Long Ashton who's homes are built on what many would class as green belt land.You seem to me to be more anti-stadium than pro- green belt.”
by PE175
Thursday, February 23 2012, 3:10PM
“@Therions
Firstly get used to the fact that BCFC may not get the chance to build a new Stadium,and as I said they have a Stadium already that is quite satisfactory for a team of their status.
They can always redevelop what they have got and probably make it smaller to fit in their future aspirations,their own brownfield site.
As for Hengrove Park 77 hectares minus 15 H for the Tumps,15 H for the Hospital ect,that leaves 47 hectares,take out a minimum of 20 hectares for the remains of the park that leaves 27 Hectares.
Housing density between 20 and 40 per Hectare = 540 to 1080 houses.
If you look at the whole of Banfield the house total is around 200+ houses = around 400+ homes.
You might fit about 1.5 extra Banfields into the whole park as it is it the moment.
So unless you try and fit a mess like Inns Court into the whole park i cannot see how you could build 3200 house in the space available(tower blocks,Bedminster miners houses maybe).
And as they are still planting trees in the place and have fitted new metal seats around the park,i presume those areas are not in the firing line,not much space left.
Obviously the old running track is doomed and the area around it but that is not very big.”
by THEIRONS
Wednesday, February 22 2012, 11:34PM
“PE175 You come across as being very concerned about keeping the 42 acre plot at Ashton Vale as untouched, so could you please explain why you did not manage to stop the David Lloyd centre development on the same plot of land or was that built on brown field land.Of the 42 acres ,21 acres has been allocated to the tvg how much would you like the whole 42acres,please.To the point about the Ashton Vale residents, yes the applicant named may be a Ashton Vale resident but he has been no more than a patsy for the real leaders of the anti stadium campaign,who live in Long Ashton some mile away from the proposed stadium.
You will be well aware that the original proposed site for Bristol City's new stadium was none other than Hengrove Park. Until the residents in a ballot along with the police rejected the citing of the stadium on the land.So instead of the stadium we will now be getting 3200 new homes proposed to be built on the land ,to go along with all the other development that has already been built on the land. So make no mistake even if you prevent the stadium being built the land at Ashton Vale will be built on and more than likely all 42 acres .So where if not Ashton Vale do you propose Bristol City build there new stadium on, which brown field site do you propose suitable for the new stadium,do tell”
by PE175
Wednesday, February 22 2012, 9:38PM
“@Therions
You ask me a question what are my motives in supporting the Ashton TVG.
I visited Ashton vale from Winterstoke road a few years back and was surprised to find a pleasant path along Colliters brook leading to the TVG site.
You had a wonderful view of Long Ashton and the land above Long Ashton,and I found that you now had open access to the land right up to and beyond the old Barrow Hospital,it was really odd to find that if you turned off of a busy congested road oposite PC world ect,you were in the country side.
A local then told me that they wanted to develop the site and a TVG had been applied for because they wanted to build a stadium there.
Well BCFC already had a stadium and Sainsbury already had a store I could see no reason why they would want to start the destruction of the land in Ashton Vale, as development would creep all the way to Yanley,also the tip near Hanging Wood is nearing its end and when planted will be a large forest if left alone, and would be accessable from Ashton Vale via the TVG site.Another reason for support was that the TVG application was properly executed and the TVG was recommended,that should have been the end of the story,but no the nasties started.
BEP/BCC/BCFC started a propaganda war on the application ,it was one sided and promoted by the supporters of the football club and BEP/BCC this was not a fair fight no body could support the application without worrying that they may be intimidated by supporters of the Stadium,that situation still stands.
At the same time two more TVG applications were running one in Hengrove and one in Filwood
these were almost totaly ignored by the media,they had the same importance to the locals as Ashton.
The one in Hengrove was granted but the one in Filwood was refused,they had no support from their elected councillors the land in Filwood was craftily sold by BCC a few years ago, and they were going to bully their way to destroying the park one way or the other.
There is enough brown field sites in Bristol to fit in whatever development is required,this land should be used before any greenfield site is destroyed.
So the only local site that still has a chance of surviving is Ashton so i support it,i live in Knowle so the development does not affect me in any way,my support is not against the stadium it is against building it in Ashton Vale.
The rubbish talked about the land being a tip also required some response,part of Hengrove park is a tip,Crox Bottom is a tip part of the Novers is a tip,Manor woods,St annes woods are all tips land fill was everywere during the 50,s 60,s and 70,s but when settled it becomes part of the environment as would Ashton.
Where ever the development goes a similar number of jobs will exist,no jobs will be lost if the old Stadium was redeveloped into the Braby site jobs would still be there,if the allotments are developed again jobs will exist.
The chances of beating big money,a council,a local newspaper,a football club was always going to be difficult and there were going to be casualties on the way,that is the situation now,i am just an observer of this saga but i think the residents of Ashton Vale have done well to get this far i just hope that the law gives them a fair outcome.”
by SpinyHedgehog
Wednesday, February 22 2012, 8:32PM
“@BCFCfinker
"Don't the TVGers have only one applicant on their JR application?"
Well, that was a cunning plan to get us to pay for their NIMBYism in the form of legal aid. Not only did it not work, but it rebounded spectacularly!”
by BCFCfinker
Wednesday, February 22 2012, 6:10PM
“@Rosset
Don't the TVGers have only one applicant on their JR application?
Answer: eggs; one basket; all”
by Rosset
Wednesday, February 22 2012, 5:52PM
“by SpinyHedgehog says of R_E_Knaw
"Don't BCFC have debts of many millions of pounds a year? Surely if they didn't have SL as a sugar daddy, they'd be in deep trouble?"
Indeed, and if I didn't have any money, I'd be penniless. Your point is?"
Answer: eggs; one basket; all”
by THEIRONS
Wednesday, February 22 2012, 4:59PM
“HARRY12911-PE175
What have you got buried under the land where the new stadium is due to be built.We will soon find out once the ground work begins.Or have you got a more rational explanation to why it is so important to you, that you help prevent the new stadium ever coming to fruition.Because you have not ever gave a reason what you are going to gain if your side of the argument were to win the day.My motives are clear i wish to see Bristol City given the opportunity to progress towards achieving the maximum amount for the club,and to achieve this a new stadium is essential.Like i say what are your motives?”