News / Stoke Lodge Playing Fields
Councillors challenge council over Stoke Lodge stance
Bristol City Council’s legal team has been accused of treating a cross-party committee with contempt over their stance on an upcoming court case.
The chair and vice chair of Public Rights of Way and Greens Committee (PROWG) have written to officers to raise “serious concerns” about the failure to defend their decision to grant Stoke Lodge playing fields village green status.
In the letter, Tessa Fitzjohn and John Goulandris warned the council’s legal officers that not supporting a decision made by a regulatory committee was “a constitutional outrage” and warned “we are heading for a constitutional crisis” if this position is not amended.
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The matter relates to Cotham’s School’s decision to mount a legal challenge to get the village green status removed from Stoke Lodge playing fields. The school has a long-term lease to use the site for PE lessons but argues it can only do this safely if the field is fenced off and access limited.
Bristol City Council, as the landowner, sought to side with Cotham School. As the Commons Registration Authority, the council decided to adopt a neutral position in the case rather than defend the decision made by PROWG committee members last June.
Following a recent ruling, in which a judge stated the council could not list itself as two separate entities when the case goes to court, Fitzjohn and Goulandris are calling on the legal team to support their decision, saying they are disappointed and angry at the failure to do so.
They also argue the recent legal action to determine this was a waste of public money.
Campaigners and residents attended a Public Rights of Way and Greens Committee last month to express their ‘disgust’ at the attempt to challenge the decision on Stoke Lodge playing fields – photo: Rob Browne
In a statement, Fitzjohn, chair of PROWG and a Green councillor for Bedminster, said: The council’s constitution is clear. All matters relating to village greens are devolved to the Public Rights of Way and Greens Committee and the committee wants the council to defend its decision robustly.
“As chair, I cannot understand why the council ever contemplated supporting a challenge to its own decision. Or why the Commons Registration Authority decided to adopt a neutral position at the court hearing.”
John Goulandris, a Conservative councillor for Stoke Bishop, said: “In our letter, we have told the council’s lawyer responsible for village green matters that the Public Rights of Way and Greens Committee required the Commons Registration Authority, with immediate effect, to change its stance from ‘do nothing neutral’ to ‘seek to uphold the decision robustly’ and to ensure all parts of Bristol City Council were made aware of this.
“We also took the opportunity in our letter to remind legal officers that not supporting a decision made by a regulatory committee was a constitutional outrage and it’s astonishing it was even considered. Unless officers take corrective action, we are heading for a constitutional crisis.”
The chair and vice chair of Public Rights of Way and Greens Committee (PROWG) have written to officers to raise “serious concerns” about the failure to defend their decision to grant Stoke Lodge playing fields village green status – photo: Betty Woolerton
The chair and vice chair of PROWG have questioned why Cotham School continues to spend money on the legal challenge when the village green status does not prevent pupils from playing sport on the fields. It would, however, mean the area could not be fenced off and public access limited.
The two councillors are pressing for a face to face meeting with officers.
Fitzjohn added: “I don’t say this lightly, but it feels as if officers, perhaps under pressure from the executive, are treating a regulatory committee with contempt. This is totally unacceptable.”
In a statement following the court judgement, Henry Michallat, a Conservative councillor for Stoke Bishop, urged Cotham School to end what he called the “costly and senseless action against the community”.
Bristol City Council and Cotham School have been approached for comment.
Main photo: Betty Woolerton
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