The Ashton Vale village green area marked, top, and Bristol City FC's Ashton gate stadium
Confusion reigned this afternoon in the long-running battle over Bristol City FC’s new stadium, after a Bristol City Council claim that an application for a judicial review into the Ashton Vale town green decision had been dropped was refuted.
Bristol24-7 has learned that the application for a judicial review, by an unnamed applicant, HAS been dropped and the original decision to split the site would be enforced, with a piece of land known as The Spur included in the town green area.
In a statement released by Bristol City Council this lunchtime, deputy council leader Simon Cook said he “welcomed the news that the sole unnamed local person has discontinued his application to the High Court for a Judicial Review of the Council’s decision over an earlier Town and Village Green application for land in Ashton Vale”.
However, less than an hour after the statement emerged, solicitors acting for the unnamed person who had brought the action said the legal battle would continue.
BBC News reported on Twitter that both Cardiff Admin Court and London High Court say the case is still live and will go to hearing.
It is therefore unclear as to whether Bristol City FC’s long-running bid to build a £90m stadium has been given the green light or not.
In his statement, Cllr Cook said: “The council welcomes the end to this protracted litigation and looks forward to working with the local community to ensure the development of the northern part of the Ashton Vale site whilst providing open space for recreational use for local residents.
“This is a win for local people, who will have 20 acres of open space on their doorstep protected in perpetuity. It is a win for the club, who can press on with the development of their new stadium. It is a win for the people of Bristol, who will see an excellent new facility, and many new jobs created.
“Most of all though, this is a victory for common sense. Some people lately have been saying that the Council does not
care about the future of sport in the city. They simply could not be more wrong, as I am ‘over the moon’ at this news.”
Last month, Cllr Cook called for an “honourable compromise” over the Ashton Vale Town Green battle, releasing a statement saying “loud and clear” that the council wanted the new stadium to go ahead.
It came after a High Court judge agreed earlier in January for a judicial review to go ahead into a council compromise over the Ashton Vale town green bid, voting in favour of accepting a recommendation to split the site – with only the southern area kept as a town green.
The plan allows the football club to build their new stadium in the northern area of the site.
We will have more details as we get them…
Didnt the inspector state that it was only a recomendation and it was upto the council to accept or reject it?
The Judge says the case continues.
all Ordered and sealed late yesterday.
I don't get it.
The letter was fake, wasn't it? Someone else wrote it pretending to be him.
We know that because he said he didn't remember signing anything of the kind and because of the solicitors' comments, that it wasn't valid and didn't reflect their client's instructions. In other words, it was a hoax.
So far, so obvious. It only takes one idiot to write a hoax letter.
But the really weird thing is that the council have ignored those comments and have immediately taken it totally at face value.
What's more, they're all over the media this evening saying this is the green light for the new stadium, ie they're going ahead already and acting on it – even though someone else might be able to take the case if the first man has had to step down because of being intimidated, as he says.
Without waiting for a legal judgement on that point, the council and the club are saying it's fine to go ahead and that's what they're doing. They've announced it. And they believe the letter in the teeth of what the other side, and their solicitor, have said. How weird is that.
Or else, we're supposed to believe that it's all fine and that same person who went to so much trouble to bring this case suddenly for no reason has a change of heart and "humbly withdraws" his application for a judicial review? Because of making employment for young people, he says?
Something less convincing would be difficult to imagine. The people defending this green space have been doing it for the sake of future generations. They would not now give up the fight voluntarily to betray those same future generations, or give them jobs (it won't be that many jobs and there's no saying any young people would get them).
Totally implausible. What is there to be humble about? Angry, yes.
Several questions.
First, who really wrote the letter?
Second, why have the council – and their expert legal advisers – accepted this letter as real so instantly and uncritically?
Also, how badly has this person been intimidated and by whom?
Is he still being intimidated?
Where are the police in all this and what's their view?
For what it's worth, the problem with this stadium I think is not the stadium itself – no-one is arguing about that – but where it is. This is Bristol CITY football club, and it should be in the CITY. It's not called Bristol COUNTRY football club, is it?
So let it be in the city, just like Old Trafford, Maine Road, Wembley, Aston Villa, Hillsborough, Anfield and all the others. There is a good reason for football clubs being slap in the middle of cities. But those very good reasons, which would help Bristol, are being ignored in this debate. Maybe there's a good reason for that, but I have yet to hear it.
Meanwhile this mystery not just of the hoax letter (if it was a hoax) but also of the Council and club's strange response, just gets deeper.
Your very funny christina.
Just because a legal expert has probabaly written the letter, does not make it a hoax. He has signed it and its been witnessed – what else do you want.
Also the chap has said he was'nt harassed – thats more lies from anti-stadium.
The location is perfect – its ticks all the boxes and its in BRISTOL CITY heartland.
And you bang on about "protecting green space" for future generations – what about kids of today?? living through a recession?? come on now – this is worth 90m to the local economy and your stopping it, for some green fields, in a major city! what a joke!
Riaz – you are the funny one. £90 million – that includes the cost of buying the land. How is that helping the "kids of today"
If a legal expert has written that letter, then that legal expert is going to get struck off. Approaching an anonymised applicant and getting him to sign a letter which exposes him to huge costs penalties and without his Court registered lawyer even knowing about it breaks so many professional rules it isn't clear where to start.
Glad you recognise that some lawyer other than his own is involved. Once we start geting some answers, we might start to understand what went on. At the moment, nothing is clear about this letter.
The cost of buying the land? that will be a small fraction – is that all you got?
Lets say for arguments sake just 60 million – that will more that get the local economy going – it may save peoples jobs – thats how it helps kids of today!
Its fairly common for a legal professional to prepare a letter – at the end of the dat, the guy didnt have to sign the letter… but he did.
Game over.
I think that must be "game over" to you for the 8th time now in the last 4 years !!!
Funny how the Inspector and then the Courts keep thinking otherwise.
Lets see what the Judge says shall we ?
Taken from otib, this sums up Peter NIMBY Crispin
So then, lets get this straight, starting from yesterday to today:
[i]Not heard anything about withdrawal and the case it going on as intended[/i]
[i]Claimant isn’t aware of signing any document but we’ve already submitted a change of name[/i]
[i]Harassment was cause of withdrawal and the JR was representing many people not just him[/i]
[i]He’s an elderly man[/i]
[i]He was harassed and the police were aware of it.[/i]
[i]I haven’t spoken to him since the withdrawal came to light[/i]
Anything else to add, Peter? :facepalm:
Having read the Gents extremely well timed letter of withdrawl, I can't stop laughing at Crispin and his "legal team".
What a sorry bunch.
As for intimidation Crispin, put up or shut up. The council has challenged you to prove it but you have nothing.
The games up me old cocker, you've been out well out manouvered.
Can't wait for the diggers.
I like the current stadium! What's wrong with it, exactly?
It isn't on the greenbelt.
It isn't an excuse to develop the green belt with two roads as well as a stadium.
Without a new stadium, the old stadium can't be sold to a supermarket for big £££s which would never be allowed a store that size without it being linked to a stadium
Without a greenbelt stadium, all those who have bought up all that ex-agricultural land cant turn big profits once that land is turned into retail sheds and new box housing
I really hope that this is true. At last Bristol can have the stadium it deserves.
Is this the same Peter Holt who told the Bristol Evening Post the result of an application in front of the Inspector before the Applicants had even been asked for their views ?
I think it is.
Time to start looking for a new job Peter ?
So – the Council is crowing about 1 man being intimidated into backing out.
It is also crowing prior to the case being over whilst the Courts still think it is carrying on.
Can this council do anything more to lower its reputation !!!
Great news for Bristol.
Now Bristol can become they city it should be….
On behalf of Bristol City Council – I am happy to clarify the situation.
The application for a Judicial Review into the Council’s decision not to award Town and Village Green status to the Northern half of the Ashton Vale site, was in the name of one local man – whose anonymity has been protected by order of the Courts. That one man has now written to the Council and to the Courts formally withdrawing his legal action, so that legal action is at an end.
At this unnamed man’s now-former solicitors or other opponents to the stadium development may not know exactly what is going on doesn’t change the facts. The case was in his name solely, and he has withdrawn it, so our expert legal advice is that the legal challenge is at an end.
This matter has divided opinions locally with some strongly in favour of preserving the whole site as green space, and others wanting to see a stadium built. As far as the Council is concerned the period of uncertainty is at an end, and the stadium development can proceed in the normal way.
Many thanks for your comment Peter – much appreciated
Hi Peter,
do you have any comment in reaction to the claim by the applicant's solicitor that (and I am quoting the BBC article here):
"An individual purporting to act on behalf of the claimant served a notice discontinuing the claim on the council last week. But in our view the notices are invalid and do not reflect the instructions of the claimant."
She added that the anonymous claimant "doesn't recall signing any kind of document"
This seems somewhat at odds with the claims from BCC, does it not?
http://www.bbc.co.uk/news/uk-england-bristol-1710…
How does Holt know that they're "former solicitors"? Says who?
Does Holt by any chance know the unknown solicitors who drafted the applicant's withdrawal letter and who now appear to be the applicant's current solicitors? Who are they? And why are they unnamed?
Why didn't the applicant's original solicitor draft and send this letter?
This stinks.
Totally agree.
Peter Holt states – "The application for a Judicial Review into the Council's decision not to award Town and Village Green status to the Northern half of the Ashton Vale site, was in the name of one local man – whose anonymity has been protected by order of the Courts. That one man has now written to the Council and to the Courts formally withdrawing his legal action, so that legal action is at an end."
"That one man" did not write to the Council at all. The man who wrote to the council was another man. This statement is untrue. The Applicant sent no letter to the council
Yes or no, the last few hours have been an utter embarrassment to Bristol.
We can thank Cllr Cook for that. He should have waited until the court had made a decision before falsely announcing to the world that it was all over.