megilleland

Just returned from the Regulatory Committee where it was voted to reject the application for a Town Green at Argyll Rise. A disappointing outcome, but the council were far more concerned about extra costs been incurred in seeking advice in the higher courts concerning points of law, rather than supporting the community in its application to save this open space for future use. More detailed information to follow about the proceedings.

NEWS RELEASE IMMEDIATE

Thursday 14th January 2011

Contact: Martin Gilleland, NFTGAG chairman

Tel: 01432 353971

Email: "Martin Gilleland" <megilleland@hotmail.com>

Christopher Whitmey Tel: 01432 860449

Email: "Christopher Whitmey" <cj@whitmey.nildram.co.uk>

HEREFORDSHIRE COUNCIL REJECTS TOWN GREEN APPLICATION AT ARGYLL RISE, NEWTON FARM, HEREFORD

Newton Farm Town Green Action Group's Argyll Rise town green application was rejected by Herefordshire Council's Regulatory Committee on Tuesday 11 January 2011.

Mr Vivian Chapman QC advised the committee it had four options: reject the application, seek a court ruling on the true meaning of a section of the Housing Act 1957, defer or accept the application. Mr Chapman told the committee there was no court ruling on the part of the Housing Act and barristers varied in saying what it meant. On balance Mr Chapman recommended rejection as argued for by Miss Morag Ellis QC on behalf of Herefordshire Housing Ltd.

Two councillors urged the Council to get a court ruling on the Housing Act 1957 and voted against rejection. The Council's solicitor had recommended acceptance.

"We are extremely disappointed after four and half years of hard work by local residents to protect this open space for prosperity. To see the council's regulatory committee dismiss this application without any real interest and knowledge on the evidence put forward, only adds to the distrust that communities have with local politics" said Martin Gilleland, NFTGAG chairman. "We feel the Council took the cheap way out. NFTGAG can't afford to start a court application."

"I much regret the Council's decision not to seek a court ruling", said Christopher Whitmey who assisted NFTGAG. "Whilst the point of law remains uncertain there will be further town green applications up and down the country. A few thousand pounds, spent on a court application now, would save councils and housing associations nationwide many thousands in the future."

- ends -

NOTES TO EDITORS

See the lost Argyll Rise Town Green: http://maps.google.co.uk/maps?q=52.037874,-2.737741

Just returned from the Regulatory Committee where it was voted to reject the application for a Town Green at Argyll Rise. A disappointing outcome, but the council were far more concerned about extra costs been incurred in seeking advice in the higher courts concerning points of law, rather than supporting the community in its application to save this open space for future use. More detailed information to follow about the proceedings.

Will Glenda Powell be there to support us?

The Regulatory Committee is meeting as a tribunal to decided a legal dispute between two parties. NFTGAG who claim the land has become a town or village green and Herefordshire Housing, the landowner, who claims it has not become a green. The task of all committee members is to come with an open mind, listen to the evidence and submissions from both parties. Then to decide on legal principles which claim is the more probable.

When is the Regulatory Committee going to meet?

Tuesday 11th January 2011 hopefully all day at the Council Chamber, Brockington, 35 Hafod Road, Hereford. The agenda is here.

Yes, yes and yes again

Sorry 8000 houses is the number to be built within Herefordshire. The number linked to a western bypass is 4500 houses. As 29 per cent of households now own two or more cars compared with 24 per cent ten years ago. (Census 2001) this would produce a minimum figure of 5850 cars potentially heading for the centre of town. Where are they going to park them? Most of the city centre is covered by car parking already - just GoogleEarth Hereford and have a look.

Some more interesting car facts from 2001 census:

In England 27 per cent of households do not own a car or van while 44 per cent of households own just one, 24 per cent own two, 4 per cent own three and 1 per cent own four or more.

The patterns and proportions are similar in Wales where 26 per cent do not own a car, 45 per cent own one, 23 per cent own two, 4 per cent own three and 1 per cent own four or more.

In Inner London over half of households have no car. Outside London, 48 per cent of households in Liverpool and Manchester do not own cars and 45 per cent in Newcastle do not.

In contrast, 6.3 per cent of the South East region own three cars and 2.1 per cent own four or more while in the local authority area of South Bucks one in ten households own three cars and one in 25 own four or more.

The proportion of households owning one car is almost unchanged between 1991 and 2001 at about 44 per cent. However the proportion not owning a car has declined since 1991 from 32 per cent to 27 per cent and the proportion owning two cars has increased from 20 per cent to 23 per cent and three cars and more from 4 per cent to 6 per cent.

That's why I cycle in Hereford. I gave up my car 10 years ago and use public transport and hire a car when I need one. Not only does it save me time, but also money. Ok you have to organise yourself a bit, but this hasn't affected my life a great deal. I cycle from Newton Farm to Royal Mail in 14 minutes and can carry a large amount of shopping in my panniers. The problem is too many people in Hereford use their car to go a few miles and spend time driving around the city centre looking for a parking place, when they could easily take public transport or cycle if fit. Just look at the reduction in traffic during school holidays.

Everyone was agreed at the parish meeting that if a bypass is built it will not reduce traffic going into the centre. Plus the thousands of houses to be built, to pay for the road, will only put another 12000 cars back into the city. So it does not look like it is going to cure the problem. So rather than wait for something to happen which may take until 2026 the council should make the city more accessible and open to pedestrians and cyclists. A park and ride could be used for city workers as well as shoppers. I went to Leominster to see my dentist on Monday and it took me an hour and ten minutes to cycle - just a bit longer than driving down Belmont Road. I came back on the train with the bike for £3.50 and had a stress free day.

Hello Victor. Did you go to the parish meeting tonight about the bypass?

The reason there are rat runs is because the traffic in Hereford is beyond a joke!! the answer is plain and simple, BYPASS!!

The reason the council want a bypass is so that they can build more houses up to the road and get more council tax. These households will be using their cars to come into the town centre and we are back where we started jammed up for a few hours a day. The council needs to remove cars from the centre and build more housing on the car parks. Put the cars underground or up in the air and save space.

Wouldn't life be great if the street outside your front door felt like your own space? Somewhere to chat with your neighbors, kick a ball with the kids, get about by foot and bike? Somewhere to give us all a better quality of life - a quality street.

For many of us the street outside our front door has become a place of speeding traffic, rat-running, noise and pollution. Its a place for others to travel through rather than for communities to claim as their own.

That's why we want local Councillors to invest more of their local transport budgets to create quality streets. The first step is 20mph speed limits across whole villages, towns and cities. The second is residents being involved in designing their streets for living, playing, and getting out and about more. The result is better quality lives, quality chat and play, and safer more attractive places outside our front doors.

Quality Streets is a campaign to say we want our streets back, and the first step is to slow traffic.

Let your local Councillor know that you want quality streets. Sign up here.

 

People may remember that a meeting was called four years ago (February 2006) to highlight the threat to open space at Argyll Rise by development from Herefordshire Housing. At that time it was agreed to pursue an application to turn this piece of land into a town green and protect it for future generations.

 

Newton Farm Town Green Action Group made an initial application to create this green and following a public inquiry in July 2007, it transpired that we met all the criteria (4 points), except one, which was that the residents were using the land "by right" and not “as of right". Herefordshire Housing was delighted with this result and urged Herefordshire Council to refuse the application for town green status.

 

Surprisingly, ignoring the inquiry inspector's report, Herefordshire Council's lawyer recommended that the Council registered it as a town green. However, Hereford Housing's QC at the council meeting (November 2007) argued that Herefordshire Council would be wrong in going against the inspector's report. The Council followed the inspector's advice and rejected the application.

 

It would appear that the saving of this piece of land would be lost, except that NFTGAG had a second application in hand, due to a change in the law, and this was submitted to Herefordshire Council for consideration (October 2007). Herefordshire Housing is again opposing the second application and NFTGAG are submitting new evidence that we hope will overturn the original decision to not create the green.

 

Due to the protracted delay in dealing with this second application, a complaint was made against Herefordshire Council through the Local Government Ombudsman. This has resulted in the Council ensuring it gets advice on the law of town and village greens from one of the country's most experienced barristers in this field, Mr Vivian Chapman QC.

 

The hearing is to be held before the Regulatory Committee at Brockington, Hafod Road on Tuesday 2nd November 2010 at 2.00pm. Mr Vivian Chapman QC will advise the Committee with Miss Morag Ellis QC for Herefordshire Housing and Christopher Whitmey for Newton Farm Town Green Action Group.

 

Any public support for this cause on the day would be extremely welcome.

Returned from the Herefordshire Council Regulatory Committee this afternoon where councillors were to consider changing the open space at Argyll Rise into a Town Green. However the meeting has been deferred, as the question of whether Cllr Phil Cutter (vice chairman) could take part in the proceedings, brought the meeting to an immediate halt! It was brought to the council's attention by Mr Whitmey acting for NFTGAG that Cllr Cutter was up until recently a director of Hereford Housing and because the proceedings would be of legal nature it would be prudent for Cllr Cutter to not take part. This was endorsed by Herefordshire Housing's Morag Ellis QC and Committee's legal adviser Vivian Chapman QC. The committee went into private session and after 45 mins decided that the meeting be deferred for a later date. Possibly late November, December or early next year. The saga continues.

Thanks for your support

People may remember that a meeting was called four years ago (February 2006) to highlight the threat to open space at Argyll Rise by development from Herefordshire Housing. At that time it was agreed to pursue an application to turn this piece of land into a town green and protect it for future generations.

Newton Farm Town Green Action Group made an initial application to create this green and following a public inquiry in July 2007, it transpired that we met all the criteria (4 points), except one, which was that the residents were using the land "by right" and not “as of right". Herefordshire Housing was delighted with this result and urged Herefordshire Council to refuse the application for town green status.

Surprisingly, ignoring the inquiry inspector's report, Herefordshire Council's lawyer recommended that the Council registered it as a town green. However, Hereford Housing's QC at the council meeting (November 2007) argued that Herefordshire Council would be wrong in going against the inspector's report. The Council followed the inspector's advice and rejected the application.

It would appear that the saving of this piece of land would be lost, except that NFTGAG had a second application in hand, due to a change in the law, and this was submitted to Herefordshire Council for consideration (October 2007). Herefordshire Housing is again opposing the second application and NFTGAG are submitting new evidence that we hope will overturn the original decision to not create the green.

Due to the protracted delay in dealing with this second application, a complaint was made against Herefordshire Council through the Local Government Ombudsman. This has resulted in the Council ensuring it gets advice on the law of town and village greens from one of the country's most experienced barristers in this field, Mr Vivian Chapman QC.

The hearing is to be held before the Regulatory Committee at Brockington, Hafod Road on Tuesday 2nd November 2010 at 2.00pm. Mr Vivian Chapman QC will advise the Committee with Miss Morag Ellis QC for Herefordshire Housing and Christopher Whitmey for Newton Farm Town Green Action Group.

Any public support for this cause on the day would be extremely welcome.