Bertie Park Campaign leaves OCC speech-less

In August ’23 the Environment Agency objected to OCC’s plans for Bertie Park. They said they couldn’t use the bank of Hinksey Stream:

Last October, we asked council how much smaller the new recreation area would be. They were still working out what to do, but said “any … amended plans will be re-consulted on by the Local Planning Authority ahead of any report into Planning Committee.”

OCC are not going to reconsult. The only thing we know is that planning and cabinet will decide what to do with the park soon. So we put together a speech with our worst fears, and went back to the council:

Bertie Park Campaign talks to OCC on Monday 18th Marth

We expected this:

… but, Councillor Upton decided not to reply. She said “we raised interesting and valid points”. Does that mean we guessed right?

Good news: They promised to let us know, well in advance, next time that anything goes to cabinet or planning committee.

One rule for them and another rule for us?

The new development at North Oxford covers 64 hectares. It will provide one million square feet of laboratories and workspaces, 4,500 jobs and 3 public parks. They say:

At the heart of (this) exciting new community is the Neighbourhood Square, a landscaped park creating lush and leafy vistas. With play areas for children to explore, and meadow grasslands for picnicking and games, it it also a place where neighbours can gather and friendships are made.

Click here for more information

Advertised as a “model of sustainable living,” few working people will afford to live there. There’s 4,500 new jobs, but only 170 affordable homes. 280 unaffordable ones. If this site was used for housing, OCC could build 1,237 homes.

In this part of Oxford, Oxford City Council intend to build at least 230 extra homes. But they want to dismantle the only park we’ve got. Families will have to walk to Hinksey Park, over a kilometre away. It’ll be even further for residents of the new development on Redbridge Meadow.

Is it one rule for them and another rule for us?

OCC trying to remove Bertie Park from the map

Two years ago we realised that Bertie Park wasn’t on the list of sites subject to Oxford City Council by-laws. We asked the Parks Department why.

Chris Bell said “the last version of the park byelaws done in 1996 (was) ill-informed and riddled with omissions and mistakes … whoever listed them in 1996 clearly lacked local knowledge as many sites were missed off and many others wrongly named.” Chris said he would be updating the by-laws: “As part of this I would update all the sites covered and update/correct their names.”

This is what OCC are doing now. Here is the link to consultation. But instead of updating the entry for Bertie Park, they have simply removed it from the map:

It has gone from the list of parks and recreation grounds.

OCC are trying to appropriate the land on Bertie Park so that they can do what they want with it. But there are laws to protect recreation grounds!

Bertie Park campaign in waiting

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.

No more football at Bertie Park?

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.

Bertie Park Campaign plans for 2024

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.

The speech that stopped OCC in their tracks?

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!

Cabinet Discussion Cancelled

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!!!

Witness this important decision!

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.

Will Bertie Park be dropped from the 2040 local plan?

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.