Huddersfield Allotments Saved Thanks To Council Records From 85 Years Ago
Tony Gosling
tony at cultureshop.org.uk
Mon May 13 23:24:39 BST 2019
Council Plan To Bulldoze Huddersfield Allotments
Stopped Thanks To Their Own Records From 85 Years Ago
http://tlio.org.uk/council-plan-to-bulldoze-allotments-stopped-thanks-to-their-own-records-from-85-years-ago/
<http://tlio.org.uk/council-plan-to-bulldoze-allotments-stopped-thanks-to-their-own-records-from-85-years-ago/>13May2019
<http://tlio.org.uk/author/tony/>TONY
GOSLING
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http://tlio.org.uk/council-plan-to-bulldoze-allotments-stopped-thanks-to-their-own-records-from-85-years-ago/
Council plan to bulldoze allotments stopped
thanks to their own records from 85 years ago
Kirklees wanted to make way for a school but
campaigners fought the plan and have won a High Court battle
<https://www.examinerlive.co.uk/news/west-yorkshire-news/council-plan-bulldoze-allotments-stopped-16252125>https://www.examinerlive.co.uk/news/west-yorkshire-news/council-plan-bulldoze-allotments-stopped-16252125
By James Brewster and Lauren Ballinger 09 MAY 2019
[]
Tenants of Cemetery Road Allotments, in
Huddersfield, with supporters from the National
Allotment Society, at the High Court in Leeds for
a judicial review into Kirklees Councils plan to
take their plots as part of plans for a new primary school.
A battling allotment holder has scored a High
Court triumph in his fight to stop
<https://www.examinerlive.co.uk/all-about/kirklees-council>Kirklees
Council taking over his prized plots for construction of a new primary school.
Jonathan Adamson, who cultivates four plots at
the Cemetery Road allotments in
<https://www.examinerlive.co.uk/all-about/birkby>Birkby
, was served with notice to quit by the
metropolitan borough council in September last year.
He was told his plots were needed to provide
playing fields and car parking space for the
primary school, on which work is due to start imminently.
Mr Adamson supports the new school, but wants the
plans reconfigured so as to spare his allotments, Londons High Court heard.
Although he and other allotment holders have been
offered alternative plots, they are not
satisfied with them, said top judge, Mr Justice Kerr.
Mr Adamson argued in person that he could not be
deprived of his plots without permission from
Secretary of State for Housing, Communities and
Local Government, James Brokenshire.
Debby Fulgoni and Isaac Romain , plot holders on the Cemetery R
Debby Fulgoni and Isaac Romain , plot holders on the Cemetery Road Allotments
The council fought his judicial review challenge
tooth and nail but now Mr Adamson has been
handed a stunning victory by the judge.
The councils September 2018 decision to
appropriate the allotments for education purposes was overturned.
And Mr Adamson, together with 13 other allotment
holders who supported him, had their notices to quit quashed.
[]
An aerial view of Birkby from 1949 showing
allotment space. The pink areas have since been
lost to housing. The yellow area indicates the
size of the current allotment site at Cemetery Road.
The judges ruling involved an in-depth survey of
the history of allotments in Huddersfield going
back to 1920, long before the council came into existence.
It was in that year that an Act of Parliament
authorised the councils predecessor, the
Huddersfield Corporation, to purchase the Ramsden
Estate of which the allotments now form part
for £1.36 million, payable over 80 years.
The council denied that the Corporation had ever
formally appropriated the land for use as
allotments and that the Secretary of States
consent was therefore not required.
But, after analysing Corporation minutes going
back decades, Mr Justice Kerr found that it had
done just that when the land was zoned for allotments at a meeting in 1935.
The allotments had been described as permanent
at the time and the Corporation had directed that
local maps be amended to show them.
Cemetery Road Allotments, Birkby.
Cemetery Road Allotments, Birkby. (Image: Huddersfield Examiner)
The allotment holders therefore had security of
tenure and, under the Allotments Act 1925, they
could not be stripped of their plots without the Secretary of States say so.
The judge rejected council arguments that Mr
Adamson had delayed too long in bringing his case to court.
And Kirkleess plea that Mr Brokenshire was
highly likely to approve the appropriation of
the allotments for the new school also fell on fallow ground.
The judge paid tribute to the skill and
courtesy with which Mr Adamson presented his
case and ordered the council to pay his legal costs which came to £12,199.
Kirklees Council said it was disappointed with the decision.
They added: A new primary school is needed in
this area to meet the demands for places.
As a council were committed to ensuring all
children in Kirklees have access to the same high
standard of education. This school is an important part of this.
This decision will delay us in providing the new
school local children deserve.
We will be presenting additional information to
the judge and hope this decision will be
reviewed. We will also be seeking permission from
the Secretary of State to proceed with the development following this decision.
Allotments are part of our local communities and
its important that we have enough spaces for those that want them.
The amount of unused space on this site means
that it is possible to have both a fantastic new
school and a vibrant allotment site.
Affected allotment plot holders were offered new
plots in the same allotment where work has been
done to bring them up to a very high standard
with new paths, edging, and access to water, so
tenants can get straight into the art of growing.
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