Kirklees Land Grab: Huddersfield’s David And Goliath Allotments Fight Heads For The High Court

Tony Gosling tony at cultureshop.org.uk
Tue Feb 26 00:31:18 GMT 2019



Kirklees Land Grab: Huddersfield’s David And 
Goliath Allotments Fight Heads For The High Court

http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/

<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/>26Feb2019 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://tlio.org.uk/author/tony/>TONY 
GOSLING 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/#respond>LEAVE 
A COMMENT

David and Goliath allotments fight is going to the High Court

<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/https://www.examinerlive.co.uk/news/west-yorkshire-news/allotments-huddersfield-hit-second-time-13480000>The 
one-day case will be heard in the High Court in London
By<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/https://www.examinerlive.co.uk/authors/tony-earnshaw/> 
Tony Earnshaw Local Democracy Reporter TUE 29 JAN 2019

Emacs!


Campaigners fighting to stop their allotments 
being bulldozed for new school playing fields in 
Huddersfield have been granted a judicial review.

It is the latest twist in the David and Goliath 
battle between plotholders in 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/https://www.examinerlive.co.uk/all-about/birkby>Birkby 
and Kirklees Council.

The one-day case will be heard in the High Court 
in London between March 11 and April 17.

Tenants with plots 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/https://www.examiner.co.uk/news/west-yorkshire-news/campaigners-face-last-ditch-bid-15039967>at 
Cemetery Road Allotments in Birkby say the ruling 
is a landmark moment that could have national implications.

The application was filed by Jonathan Adamson, a 
plotholder and a member of 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://www.examiner.co.uk/news/west-yorkshire-news/allotments-huddersfield-hit-second-time-13480000?_ga=2.243120965.691687086.1551138140-1755892439.1380560993>Friends 
of Cemetery Road Allotments.

Senior Labour councillor 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/https://www.examinerlive.co.uk/news/west-yorkshire-news/how-you-can-help-choose-15419304>Graham 
Turner said the matter was now a legal process 
and he could not comment further.

He did advise that the judicial review would not 
affect the construction 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://www.examiner.co.uk/news/west-yorkshire-news/new-10m-primary-school-planned-14193559>of 
the new £9.7m school, which is expected to open in time for the September term.

Tenants have been offered new, alternative plots.

Campaigner Debby Fulgoni commented: “This is a 
brilliant result for us and could be a landmark 
case for allotment holders up and down the UK.”

The decision by the Honourable Mrs Justice 
Andrews comes just days after  senior councillor 
Graham Turner said the council was not anticipating facing a judicial review.

Her letter warns the council not to develop the 
disputed land until the review is complete and 
adds: “The claimant appears to me to have a real 
prospect of persuading the court [that the allotments carry statutory status].”

<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/https://www.examinerlive.co.uk/all-about/kirklees-council>Kirklees 
Council is building a 420-place primary school at 
Clare Hill in Edgerton. It intends turning 
tenants’ allotments at neighbouring Cemetery Road into playing fields.

The council says the land at Cemetery Road is 
designated as temporary allotments.

Campaigners reject that. They say the land would 
have been appropriated during the Second World 
War 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://www.examiner.co.uk/news/west-yorkshire-news/councils-threat-evict-allotment-holders-14113686>for 
allotment use and that that provision would have 
been made permanent in the 1950s.

That argument forms the basis of the tenants’ fight.

<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://www.examiner.co.uk/news/celebrity-gardeners-back-birkby-allotment-14035247>The 
campaigners have been backed by the National 
Allotment Society, which has been listed as an 
interested party along with Housing Secretary James Brokenshire.

Mrs Fulgoni added: “This is happening up and down the country.

“Councils are picking off allotments because they 
think they are easy targets. Then they can put the land in their land banks.

“Now our case is going through the proper process 
that it should have gone through from the start.

“The council knew that the court had ruled in our 
favour and that the judicial review was going 
ahead before Clr Turner made his comments last 
week. It should have been mentioned.

“The question that I am asking myself is why was he unaware?

“We are happy 
<http://tlio.org.uk/kirklees-land-grab-huddersfields-david-and-goliath-allotments-fight-heads-for-the-high-court/http://www.examiner.co.uk/news/west-yorkshire-news/allotment-holders-dig-fight-against-13746740>for 
the school to go ahead. We want the school. Our 
argument is that there is plenty of room for the playing fields elsewhere.

“We have previously repeatedly offered 
alternative suggestions but the council doesn’t want to know.

“If they succeed in taking the top section of our 
allotments they will eventually come for the rest.”



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