Loophole means Filwood Park in Bristol can’t be town green
RESIDENTS have lost their fight to have Filwood Park registered as a town green – despite proving it has been used for more than 20 years – due to a legal technicality.
People living near the south Bristol park submitted a town green application two years ago, in the hope of protecting the site from development.
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Mil Lusk, campaigner to have Filwood Park in Bristol registered as a town
The land was sold by the council in 2008 to the government quango English Partnerships, despite objections from locals.
Earlier this month EP’s successor the Homes and Community Agency announced it would start work on a multi-million-pound development that will build on the park.
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The HCA and the council both objected to the town green application and a public inquiry was held last July.
Local people successfully proved the site had been used by the community for more than 20 years, the usual requirement for an application to succeed.
But Inspector Vivian Chapman still recommended refusal and that was agreed by the council’s public rights of way committee on Monday.
From the council’s point of view it came down to the difference between two legal definitions – the ability of residents to use the park “by right” or “as of right”.
One would allow a town green application to proceed, the other not and would open the council to legal challenge it could well lose.
The council argued successfully that because the land is a park already it cannot become a town green as well.
That means it isn’t afforded the same level of protection as town green status, which would prevent it from being built on.
Filwood resident Mil Lusk was involved in the campaign for four years and said she was “gutted” to have lost.
The HCA has promised to build a new park as part of the redevelopment.
But Ms Lusk says without legislation to protect the existing park they will have to hope the developers are as good as their word.
She said: “I am disappointed. I was flabbergasted really. It wouldn’t have happened in Clifton or Henleaze or any posh places.
“It was never about building housing, it was the right to keep it as a park. Even though there is new open space as part of the development we’ll lose 50 per cent of our park.
“This is all about local communities having the right to protect their spaces.”
Comments
by PE175
Thursday, February 23 2012, 8:32PM
“There is something odd about the inspection of this TVG.
Firstly the applicants were aware that the "as of right" test would fail,as it is a park that has access promoted by the council ie:-it has a path,it has seats,it has waste containers and it used to have play facilities.
Why the legal people did not inform the TVGers not to proceed i cannot understand(or maybe they did?).
But the park at Asda field in Hengrove did get TVG registration and it has a path,it has lights,it has waste bins and it used to have play facilities.
Access to Asda field is promoted as is Filwood ,the paths join the normal paths as does Filwood the access to the Asda field is "as of right" as is Filwood.
The only difference i can see is that the BCC have already sold Filwood and were surveying the place long before the outcome of the inspection was known.
Another aspect of Filwood is that the park was "as of right" but the ajoining hanger site was not,it has a locked gate and access is by failed fencing,this area most certainly was "by right ".
The proposed development would not proceed if the Hanger site had been a TVG.
Both areas would pass the 20 year test.
It is sad that Filwood should loose its park ,there is a lot of brownfield area,s in Filwood that are to be developed,these areas have been vacant for decades,there is no need at all for this park to go.
The council should be promoting Knowle and Filwood but they know its an easy place to kick they will just dump on it as normal,and where are the local councillors,where is their contribution in protecting their park.
At least in Ashton councillor Butcher has looked after his area and helped in the Ashton TVG.”
by SpinyHedgehog
Thursday, February 23 2012, 6:10PM
“"The council argued successfully that because the land is a park already it cannot become a town green as well.
That means it isn't afforded the same level of protection as town green status, which would prevent it from being built on."
In other words, because it's a park, it can be built on. Crazy, or what?”
by SpinyHedgehog
Thursday, February 23 2012, 6:08PM
“"It wouldn't have happened in Clifton or Henleaze or any posh places."
Right on the ball there. Guess how much geen space is being stolen from the burghers of Cliftion, Redland and Sneyd Park? That's tight - none!”
by blahblkah
Thursday, February 23 2012, 5:45PM
“If wanna be posh people lived there i`m sure this would be a town green but as you see daily hard working decent people get shafted all the time over the costa coffee brigade.”
by jamie1984
Thursday, February 23 2012, 2:58PM
“Filwood Park more deserving of the meaning of 'Green Status' then the landfill site at Ashton Vale
Cruel world...”
by Roversteve
Thursday, February 23 2012, 1:41PM
“It must really hurt when you see that down in Ashton Vale there could be a situation where a rough piece of land having NOT been used for leisure over a twenty year period could be granted "Town Green" status which will prevent a huge swathe of people from enjoying the alternative....we all know what that is!! I feel deeply sorry for Mil Lusk and all her fellow campaigners,yes,it does really seem there is one law for "A" and another law for"B" especially when the farce in Ashton Vale is becoming a most protracted circus of delay tactics! I suggest,Mil,you find some seemingly minor loophole which could act as your own delay tactic,get some advice and really look into it,don't give up!”