Does Oxford City Council have to follow the law?

Oxford City Council are bending over backwards trying NOT to follow this Government policy:

Existing recreational land, should not be built on unless the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or the development is for alternative sports and recreational provision, the benefits of which clearly outweigh the loss of the current or former use.

They are bending over backwards NOT to follow this law:

A principal council may not appropriate any land consisting an open space unless before appropriating the land they … (properly!!) consider any objections to the proposed appropriation which may be made to them.

OCC want to build hundreds of new houses in this area. Getting rid of the only recreation ground we have makes no sense.

Come to the cabinet meeting on 12th June to watch OCC explain their decision.

Watch OCC make this important decision!

On June 12th OCC will decide whether to appropriate Bertie Park Recreation Ground for building. Not exciting? If they can’t appropriate, it stops them in their tracks!

“Appropriation” is a legal procedure described in s122 of the 1972 Local Government Act. Even if a local authority already owns a recreation ground, they must appropriate it first before they can build on it.

The law says that they must take into account our objections. The cabinet was supposed to make a decision last November. Many turned up to watch, but they took it off the agenda at the last minute after they read what we had to say.

Now they have told us that they will decide at the cabinet meeting in June.

What do the candidates say about Bertie Park?

40 people attended the Hustings at St Lukes on Friday 26th. With Anna Railton (Labour), Ben Christopher (Oxford Independent Alliance), Nuala Young (Green Party) and Rick Tanner (Lib-dem) all present, there was lively discussion of many topics. These included flooding, sewage problems and the Grandpont cycle bridge.

Here’s what the candidates said about Bertie Park:

* Fact check: The current plans are “not in accordance” with what has been on local plans for 20 years. This was the notice posted in the park:

Hinksey Park Hustings

Meet the candidates!

A non-selective Hustings – all candidates for Hinksey Park war in local elections to be held on May 2nd invited. An opportunity to …

… followed by answers from the candidates

St Luke’s church OX1 4XB           Friday 26th April                 6.45 – 7.45

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.