A development company that purchased land in Hanham, Bristol, from South Gloucestershire Council, only for the council to bar development by classifying the land as a village green a year-and-a-half later, has begun a High Court challenge to the council’s stance.
Stroud-based Cheltenham Builders Ltd is asking Sullivan J to quash the council’s decision to classify a large part of its land at Tabernacle Road, Hanham, as a town or village green, along with a small parcel of adjoining land owned by a third party.
The developer claims that the land has not been used, as of right, by a significant number of local inhabitants for sports or pastimes for the requisite period of 20 years, from 1980. But four locals applied to have it registered as a village green in 2000.
In fact, it claims that 90% of the land was so densely overgrown and impassable that the public could use paths across it only to walk or cycle.
Cheltenham acquired the land from the council in February 2001, pursuant to an option agreement made in 1996. It wants to build a residential development on the site, but, in December 2000, a government planning inspector refused its application for planning permission.
The hearing continues.
Cheltenham Builders Ltd v South Gloucestershire Council Queen’s Bench Division (Sullivan J) 29 October 2003.
References: EGi Legal News 31/10/03
