Oxford City Council cabinet first met on 15th November 2023 to decide whether to appropriate Bertie Park for building. It was pulled from the agenda 3 hours before the meeting and rescheduled for February 7th. It is now on the agenda for March 13th …. We were told Bertie Park might go to planning in January… then we were told that we just have to sign up for alerts and check every month…
OCC don’t want to keep us informed because the last time they did, we leafletted the area. Whether they they decide to give planning permission OR appropriate the park, we have legal grounds to mount a challenge.
The Local Government Ombudsman could not consider our complaint. We could not show that we have been directly harmed as a result of the council’s actions because OCC have not yet built on Bertie.
OCC have a new local plan waiting for approval. It tries to solve the problems OCC are having with their proposals to build on Bertie.
There will only be space for a playground on the current site. Instead of 13 items of equipment, there will be 8 or 9, “depending on safety requirements”.
What will happen to the Multi Use Games Area (MUGA)? They can’t put it on the land behind Wytham Street. This is what Alex Hollingsworth, Vice Chair of the planning committee explains:
If they can’t find anywhere to put a MUGA, they say they will provide “an alternative type of facility” or improve “the capacity of an existing one” in the neighbourhood. What? Fox Crescent?
Do they really think that increasing the size of the kick-about area on Fox Crescent will meet the needs of teenagers in the area?
They are planning at least 230 new homes in the area, not counting whatever they are going to build on the Go Outdoors site.
We have sent a complaint to the Local Government Ombudsman: that OCC are deliberately fudging how they will replace the recreation ground, that they have mis-represented the results of consultations, that they are acting illegally etc. Our complaint seems to get longer by the day. We should get the results in 2024.
In early 2024 OCC will decide whether to appropriate the land on Bertie Park. We think this is not legal.
OCC want to apply for planning permission before the land has been appropriated. Maybe as early as 24th January? We don’t think that their plans follow government guidance.
There is a new local plan. OCC will send this to the Secretary of State to decide whether it is consistent with national policy. National policy says recreation grounds should be replaced by provision which is equivalent or better. In the new local plan, the requirement to reprovide Bertie Park has gone. We are challenging this.
Our local councillor has said that the fact that we are able to make representations on behalf of our community shows that local democracy is working. But it is a sorry state of affairs if OCC have to rely on members of the community to ensure that it acts within the law.
A couple of weeks ago October Oxford City Council was saying that appropriation of Bertie Park was “a paper exercise”.
On 7th November they released a report recommending that OCC cabinet should go ahead and appropriate the land on Bertie Park for housing.
13th November we sent our speech to the Council
14th November OCC agreed that we could deliver the speech.
15th November, three hours before the cabinet meeting, OCC pulled the item on Bertie Park from the Agenda. We couldn’t deliver our speech. They told people who went into the meeting they needed more time to consider legal issues.
17th November we were told: “Council is fully considering options and intends to report back to Cabinet – likely with an amended report – once it has done so. We do not yet have a timescale for this, but would envisage it being early in 2024”
Was it our speech that made them drop Bertie Park from the agenda? You decide. You can read our speech here or listen to it here:
Meanwhile, OCC were supposed to carry out YET MORE investigations on Bertie Park today (22nd November) “to inform any potential development.” But they still don’t have permission to build on the site!
3.00 this afternoon (Wednesday 15th November), at the very last minute, Oxford City Council have taken the approptiation of Bertie Park off the agenda for tonight’s cabinet meeting. There is no explanation.
The council’s report recommended the appropriation of the park.
The speech that we submitted challenged their arguments.
It is clear that something had to change. Watch this space!!!
On 15th November, Oxford City Council will decide whether to appropriate Bertie Park Recreation Ground for building.
OCC have to appropriate Bertie Park before they can build on it. Appropriation is a legal procedure described in section 122 of the 1972 Local Government Act. This says councils can only appropriate land which is no longer needed … and that councils must consider the community’s objections.
OCC did not consider objections about the need for Bertie. They agree that Bertie Park is needed. They say they are going to reprovide the facilities. But they are going to give us a smaller play area and MUGA. They say that Hinksey Park, Deans Ham and Fox Crescent are all within easy walking distance. The green space will be reprovided as a nature trail on land that the police say is not safe for unaccompanied children.
We don’t think their arguments are sound. We will upload details of our objections here before the meeting.
Find out what the council will decide, and whether we will have to fight this in court. Join us on November 15th either at the Town Hall or online via OCC’s youtube channel.
Whenever there is a new plan, it is sent to the Secretary of State for approval. They check to see if it is deliverable and if it complies with government guidance.
Previous plans for Bertie Park were always approved because they said “planning permission will only be given if the recreation ground, including the MUGA is moved.” But this is not deliverable. So the new plan can’t mention moving the recreation ground.
Government guidance says that you cannot build on recreational space unless it is replaced by equivalent or better provision in terms of quantity and quality in a suitable location. 80% of people we surveyed think OCC’s plans are well short of the mark.
If OCC still plans to shrink Bertie Park to 1/5th of its current size, their plans won’t comply with government guidance.
There’s lots happening. The environment agency objected to OCC’s plans for the bank of the stream. We submitted a complaint to the Local Government Ombudsman. And the council announced that it wanted to appropriate Bertie Park so that it could “regenerate it”. So we went to talk to the council again:
Address to council
What we found out:
OCC will have to amend their plans, so they will have to consult again. They won’t say whether the play area will have to be even smaller. We may have to wait months before it goes to planning committee. But we should find out about the proposed appropriation before that. The next cabinet meeting is on 18th. Watch this space!
An advertisement (here) appeared in the Oxford Times on 21st September 2023 saying that Oxford City Council would like to appropriate Bertie Park for housing “in order to deliver the regeneration of Bertie Place Recreation Ground.”
… with apologies to those who are not Dr Who fans. There are lots of reasons (click here) why we don’t think they can or should appropriate Bertie Park. If, they succeed they will be able to do whatever they want with the land. “Any person wishing to raise an objection to this sale may do so in writing to“:
You can also drop it off at 122 Wytham Street. If you would like to add your signature to our objections contact savebertie@gmail.com. We will be collecting signatures on Bertie Park Friday 22nd and 29th from 3.30 – 6.00.
The Development uses the bank of the stream: On the local plan the Bertie Park development is 0.66 hectares. OX Place now say it is 0.77. We think this is because they moved the site boundary to include part of the bank of the stream. This is where the artist’s impression shows kids running round and people picnicking:
The Environment Agency have said that because development includes part of the bank, it will require a Flood Risk Activity Permit. They say that “a permit is unlikely to be granted for the current proposal.”
The new bridge: OX Place need to build a new bridge to give better access to the land behind Wytham Street. This will also need a “Flood Risk Activity Permit”. The Environment agency say it is unlikely that a permit would be granted for the current proposals unless OX Place can demonstrate that the bridge works will neither affect the stream or increase flood risk.
Sustainable drainage systems (SuDS). SuDs help prevent flooding by holding back rain water so that it doesn’t run-off straight away:
The Environment Agency have said that there has to be “a minimum of 1 metre clearance between the base of the infiltration point and the peak seasonal groundwater levels.” They have also said that SuDS “must not be constructed in ground affected by contamination.”
It is not clear how OX Place will meet either of these conditions.
Maintenance of Redbridge Stream: The Environment Agency say they also have concerns about access to Redbridge Stream for maintenance works as the wall of the MUGA might be in the way.
The development will need government approval. OCC will have to refer the application to the Secretary of State for Housing, Communities and Local Government before they are able to grant planning permission.
Please click here to see the Environment Agency guidance.
Save Bertie Park Oxford 