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.
OCC have to appropriate the land at Bertie Park if they want to build on it. They can only do this if Bertie Park is not needed. OCC are now consulting their lawyers. They advertised their intention to appropriate Bertie Park, two weeks in a row in the Oxford Times, and asked for objections. OCC will be deciding whether to proceed at their cabinet meeting on 15th November. These are the objections we sent in:
When we talked to OCC cabinet on 9th August, OCC struggled to reply:
Dave Scholes, Affordable Housing Supply Corporate Lead, replying to our address to cabinet
The play area will be“relatively similar”. This is dishonest. All the current and the new play area have in common is a basket swing. Ours is the best in Oxford. The proposed basket swing is just sad.
“We couldhaveup to 8 or 9 items of play equipment, pending safety requirements.” How is this possible? Earlier this year, we were told that the area of safety surface would be 173 m2 (68% smaller) … enough for 4 items of equipment, a set of stepping logs and a bit of space in between.
The proposed play areawill cater for all ages. Since April 2020 all plans have shown a Local Area for Play (LAP). An LAP is for children 0 – 6 within a 1 minute’s walk. The architect said Fields in Trust guidance allows them to put the LAP 5m away from the block of flats. Bertie Park is a Neighbourhood Equipped Area (NEAP) for Play. It caters for children of all ages. Fields in Trust recommend 30m between the play area of an NEAP and housing.
Councillor Brown, Leader of OCC, Leader of Labour group replying to our address to cabinet
According to Cllr Brown, we got the wrong end of the stick because we took our information from the artist’s drawings …. I have spent hours trying to find out the truth from council officials and documents. Anyway. Who told the artist what to draw?
The plans have already been submitted. How can anyone make an informed decision if everything is still “indicative”, and no-one is willing to be honest?
See here for unedited video of the whole cabinet meeting.
It doesn’t make sense to reduce our recreation ground to 1/5th the size while bringing more people into the area. We still don’t know why Bertie Park is the only recreation ground in Oxford being treated in this way.
At the cabinet meeting on Wednesday 9th August, OCC wanted to do 3 things:
1. Approve the project to build on Bertie Park.
2. Enter into an agreement with OX Place.
3. Start the process for appropriating the land on Bertie Park.
We said there was no point approving the project or entering into an agreement unless they can appropriate the land. OCC agreed. We pointed out just how difficult appropriation will be. Watch our speech below:
What happened at cabinet.
OCC have now started the process of appropriation. They will advertise in the local paper, and consider objections. They say:
“The Cabinet is under a legal obligation to consider all relevant factors including those raised in (our) objections in the decision to appropriate the land. As a result it is possible that the Cabinet will decide not to appropriate the land” on Bertie Park.
Unedited video of the OCC cabinet meeting on 9th August here.
On Wednesday 9th August, Oxford City Council Cabinet will be asked to agree to appropriate the land on Bertie Park under section 122 of the 1972 Local Government Act (here). They need to do this before they can build on it.
There is a problem. The law says that councils can only appropriate sites less than 250 square yards. Bertie Park is 7,894 square yards.
If they can’t appropriate the land, does that mean they can’t build on it? We will find out on Wednesday.
There are laws protecting recreation grounds. If can they build on Bertie Park, they can build on any recreation ground in England.
Oxford City Council say that Bertie Park has been on the local plan for 20 years. This is what the notices on our lamp posts say:
This means that they can’t just build on Bertie. The proposals were supposed to go to the planning committee in August. Now it is October or November. The 1972 Local Government Act (here) says that they will have to “appropriate” the land first. This means they will have to do 3 things:
Show that the park is no longer needed
2. Put an advertisement in the local paper for 2 weeks in a row
3. Consider any objections
Watch out for the consultation! But this time they will have to listen. Watch this space.
Meanwhile, they will be carrying out more very invasive investigations on Bertie Park on 24th & 25th July, “similar to what has happened previously”. Waste of money, or what? The picture above shows what it looked like when somebody removed the manhole cover from one of the holes they made last time.
Save Bertie Park address to Oxford City Council 17.7.23
Councillor Linda Smith replied on behalf of the council. You can read her reply here. There’s a lot that we would question. We have asked her to explain the last 2 paragraphs.
We think that the proposals will go before planning committee on 15th August. Watch this space!
Roughly 260 people objected to the Council’s proposals. 2 people supported. Here is the Save Bertie Park Campaign objection to the proposals: objection
Counting the number of people is not a good way to work out if something is needed.
Should you get rid of a bus route if there is no-one at the bus stop at 3 o’ clock in the afternoon?
Should you get rid of empty hospital beds?
A good cycle path is not one which is used by lots of people, but one which saves lives.
Oxford City Council policy is that everyone should be 400m away from a small park, and 750m away from a medium size park like Bertie.
Many local children go to Lake Street school. It has no grass. After school, many kids come to Bertie Park to run around and let off steam. One 19-year-old met his best friend playing football on Bertie Park at the age of 9. Bertie Park is a life-line to many: the mum whose son has ADHD, and the grandmother acting as a foster parent for her grandson.
How to find out if Bertie Park is underused: Come along. Sit down for a while. Enjoy the peace and quiet until the next group of young people arrives.
Save Bertie Park Oxford 