Bristol City Council policy on green spaces: flog any land whenever we see fit to do so

Finally had a response from the council to my formal complaint that they are not following their own policy on green spaces (copied below, preceeded by my response to it). Bristol City Council's written policy, the Parks and Green Spaces Strategy, means little because the council feel they can ignore it and flog land whenever they see fit to do so!

Tim, [Corporate Complaints Manager, Bristol City Council]

Thank you for your email about my complaint. There is description of and apology about but no attempt at an explanation for the delay in dealing with my complaint. There has been no explanation of why the communications I did have with the council were not in accord with council policy on handling complaints either. Perhaps you could address these issues.

Your latest email does not a provide a satisfactory resolution of all the issues I have raised. It lacks explanation throughout. As a result I cannot see how the 'cycle houses' planning application (ref 08/03862/F) can be fully and fairly processed at this stage. My view is that this complaint should be resolved first and I urgently seek your advice on this matter in particular.

I'm grateful for the confirmation that the green space in question is covered by the Parks and Green Spaces Strategy, as Richard Mond has previously stated. Area Green Space Plans do much more than you describe though and the strategy describes how they play a crucial role in defining the various land types, values and qualities in an area through the combined efforts of both council and local people via a consultation process. The strategy recognises that establishing the value of green space has social as well as scientific dimensions. Given that many Bristol to Bath Railway Path users and local residents feel strongly about their green space it is particularly important that an Area Green Space Plan is established before any land selling or processing of planning applications.

I very strongly object to the notion that


'it was always the case that there would be a small number of exceptions to this rule and that the Council would need to consider disposing of land where, for example, it might facilitate wider regeneration objectives to be achieved'


Where in the Parks and Green Spaces Strategy, which has been in place since February of this year, is this notion described? Where in the strategy are the criteria for deciding on exceptions outlined? Can you please provide references and/or quotes to justify and explain this assertion because it is a crucial matter.

You seem to be saying that there is some policy over and above the Parks and Green Spaces Strategy and that some Bristol green spaces are both covered by it and its processes but simultaneously can be dealt with outside its provsions! This is inconsistent, incoherent and unfair - how are people supposed to know which decision making processes apply to which green spaces? Is there in fact the openly stated and in fact lauded green spaces policy (which has been in place for ten months now) and another policy that allows the council to make decisions that go against it on an ad hoc basis? The council needs to address this matter urgently so that all green spaces are dealt with according to a clear, consistent, fair and open policy. Decisions on land disposal and planning applications wont be consistently handled until they do and the public could potentially be misled until they do.

I am somewhat confused as to what exactly this paragraph means:


'Due to public concern, council officers have now been asked by Cllr Mark Bradshaw to undertake a consultation with key stakeholders, including the Bristol Parks Forum, over the proposed disposal of this land and details of the consultation will be communicated to you amongst other concerned people, in due course.'

I welcome further consultation of course but would want this to be fully inclusive and broad-based in nature. I await the details you mention with interest of course and call for a delay in any planning processes to enable adequate time to be made available. What issues will this consultation deal with? Would it not make more sense to urgently bring forward the process for establishing an Area Green Space Plan for the relevant land - after all that is council policy and the procedure is already clearly laid out for all to see whereas its not clear what this consultation is!

I'm grateful for what you say about Cllr Walker and welcome any contact Richard Mond and you have had with her. Its well worth noting that in both letters and telephone conversations with her she has never described council policy on green spaces in the way you have. She has lauded the Parks and Green Spaces Strategy, saying in fact that it covered concerns I expressed via a petition to the council. It appears however that the strategy is not being uniformly applied to all the green spaces covered by it, though it should, and thus my concerns are not addressed even on Cllr Walkers terms let alone mine.

More than month has passed since my complaint but there is still a lack of clarity surrounding council green spaces policy(ies)!

On the issue of no environmental impact assessment (EIA) being conducted you describe what I already know and offer no explanation as to why it was deemed unnecessary. The attachment you refer to in your email is not in fact attached (!) which is not helpful. A layman's explanation would in any case be much appreciated. I described why I felt an EIA was appropriate (the green space is a significant one - as described by the Parks and Green Spaces Strategy - and the EU Directive was supposed to be interpreted and applied broadly, to favour environmental protection) and request that you spell out why it is not.

You are far from clear in stating what stage of the complaints procedure you feel my complaint is at. Saying 'I dont know that I could agree that we are at stage 3...' is most unhelpful and I cant understand why you dont just give me the benefit of your experience and expertise here! What stage in your view is my complaint at, given the considerable delay, lack of clarity (even now) and the personal efforts I have had to make to force a decent response from the council? My complaint was first submitted on the 18 Sept, was passed around various council officers, was not handled according to established procedures, eventually reached both you and then the Chief Executive of the council and then you missed the 21 Oct deadline you said you would give me a response by (I emailed Chief Executive Jan Ormondroyd about this at 9.38am this morning and received your response at 10.55am !). Seems to me that I have made a complaint, then a complaint about how it was handled and then had to make a further complaint on top of that, before receiving a response that lacks explanations all the way through on the last day available to me to submit the online form about planning application 08/03862/F! Its all highly unsatisfactory and is very poor administration which has effectively reduced and made much harder my ability to participate in decisions made about my city.

I await a further response from either yourself and/or other council officers and will certainly keep open the option of approaching the Ombudsman.

Yours sincerely

Glenn Vowles

Tim Sheppard, Bristol City Council Corporate Complaints Manager writes:

Dear Mr Vowles

Let me start by apologising for the long delay in providing a formal response to your complaint, and in particular that I was unable to get you a response last week, as I had hoped.
I note that you have had an exchange of emails with Richard Mond and that he has sought to respond to your enquiries. However, I recognise that these emails did not constitute a formal response. I hope this email remedies that situation.

Taking your numbered item 1 first, we acknowledge that the Bristol Bath Railway Path is recognised as accessible green space within the adopted Parks and Green Space Strategy, and that the strategy sets out a programme to produce 14 Area Green Space Plans to inform decisions over green space property disposals.

However, it was always the case that there would be a small number of exceptions to this rule and that the Council would need to consider disposing of land where, for example, it might facilitate wider regeneration objectives to be achieved. This is the case with the railway path land adjacent to the Chocolate Factory development.

Due to public concern, council officers have now been asked by Cllr Mark Bradshaw to undertake a consultation with key stakeholders, including the Bristol Parks Forum, over the proposed disposal of this land and details of the consultation will be communicated to you amongst other concerned people, in due course.

On the issue of a lack of response from Cllr Walker, I note that Richard Mond has contacted her and as a result of this response, I shall also raise the matter with her. However, I must point out that council staff cannot compel councillors to respond to enquiries from the public.
In item 2 you point out that the area in question has not been subject to an Environmental Impact Assessment (EIA). However, an EIA is not needed for this development. Instead, planning officers issued the 'screening opinion' dated 30th May 2008 under Regulation 5 of the Town & Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 999. A copy is attached for your information.

In your email to the Chief Executive today, you suggest that this matter is now at stage three of the complaints procedure and you would wish to go on to the Ombudsman if you remain dissatisfied. I don't know that I could agree that we are at stage three but if you believe that there would be little value in continuing to pursue this matter with the Council, then I would support your approach to the Ombudsman.

Tim Sheppard
Corporate Complaints Manager
922 2233
tim.sheppard@bristol.gov.uk