Democracy or ochlocracy?

Those who want a town green in Ashton Vale and not a new Bristol City football stadium have again been called NIMBYs (see comments here). Using the term implies that those accused hold narrow, selfish, short-sighted views in opposing change. I've found that people labelled in this way, including those in Ashton Vale, usually don’t hold such views and often have a well developed case with a range of reasons.

For example: if the stadium is built green belt land, which is finite in supply, will be lost; carbon emissions will rise; natural flood drainage space will go; land with food production potential will go; wildlife habitats will be smaller in area; green space important to human health and wellbeing will be cut. Our current system has warm green words but little or no green action - which is why planning permission for the Bristol City stadium was given.

A key feature of the UK democracy is the rule of law. The UK is not a straightforward ochlocracy, where there is dictatorship of the majority or rule of the mob. Protection of the law for individuals, minorities and society as a whole has some value here. The law around town greens is one small part of this.  

On another note: it was always a big mistake to assuming that building this stadium will have a net positive effect on jobs and investment. To my knowledge no-one has done the research sums to see if total benefits exceed total costs, taking into account all factors, including those I've mentioned above. Mostly what we’ve heard about the proposed stadium is simplistic benefits - my point is ok but what about the complexities and the costs?? This means trying to account for the impacts both on current generations and the generations of people to come - once green land is built over its nigh on impossible to get it back again.

The planning process very often has no objective evidence whatsoever that total benefits outweigh total costs - and a decision taken on the basis of little or no evidence is irrational. Could it not be argued that the stadium proposal is an inappropriate development based on outmoded, old-fashioned, discredited economic thinking and that therefore pursuing it would be unwise? Bristol is supposed to have 'green capital' ambitions after all. Wouldn't giving the land town green status mean that it would be maintain our ability to: fight climate change; increase wildlife; manage flooding; keep people healthy...If you built a stadium the opposite might happen and therefore shouldn't someone estimate the costs/benefits of all this in order for a rational decision to be made?

The law should help prevent locals from being bullied into a situation they don’t want. The law on town greens does empower people to apply for green spaces to be protected. A real and proper democracy rightly has legal processes to protect a community and its space and the process is being gone through.

Confusion or clarity?

The town green/new Bristol City football stadium in the green belt saga goes on. The latest Evening Post headline says that confusion reigns but the judge '...told the assembled legal teams that he was “minded” to approve the application for judicial review...The judge said he had fresh evidence that he wished to consider.'. This is clear not confusing. The judge is going to mull over some new evidence and deliberate just a bit more. Some journalists are 'easily confused' it seems!!

On: Bristol's unfair handling of a town green application and 'ignorance and stupidity' from senior council officers

Blistering - and correct - attack by the Bristol Blogger here on the [un]fairness with which Bristol City Council officers and councillors are dealing with the Ashton Vale Town Green application process. The phrase 'judge and jury' is certainly apt, as are the words - council: bias; prejudice; skewing; fixing; partiality; preference; unfairness; favoritism; predisposition; preconception; injustice; one-sidedness...

Sometimes you just have to laugh at the sheer scale of the ignorance and stupidity that characterises Bristol City Council’s ruling senior officer clique. In their latest wheeze we find some effete little public sector accountant has awarded themselves the powers of an expert lawyer!

The publication of the report on the Application to Register Land at Ashton Vale as a Village Green for the council’s Public Rights of Way and Greens (PROWG) Committee to consider on Thursday finds the Council House’s chief bean counter, Will Godfrey in this new starring role as judge and jury.

The crucial part of this report into whether greenbelt land in south Bristol should be made a Town Green – as an experienced and qualified barrister advises – or whether the city’s wealthiest man should be allowed to build his football stadium...

...At the very least, surely this compelling so-called “new evidence” needs to go back before a legally qualified inspector and be tested under cross examination before Godfrey forms a view to present to the PROWG committee?

Lose a local election, continue to run the council

Despite election losses the Lib Dems will continue to run Bristol (see link at end*). No surprise there, especially given the electoral arithmetic when we elect only a third of councillors at any one time. I doubt that any other party relishes taking on running the city in a time of cuts in any case (no doubt they are happy that their opponent will continue to take the blame).

I'm pleased to see the green spaces sell off halted subject to review, though I'm someone who opposes the principle of selling off green spaces whether the decision is taken by the council or more local Neighbourhood Partnerships. We need more not fewer green spaces for a wide variety of economic, health, social and environmental reasons.

I also welcome a prompt decision on the town green in Ashton Vale, though I have grave doubts about the basis on which some councillors will be deciding, given the fairly frequent and commonplace statements about wanting to see a football stadium on this greenbelt land. The matter will end up in the courts.

The new group set up to consider major transport issues like tram proposals, the bus rapid transit schemes and the Temple Meads transport interchange is a good idea. Should have been set up before now. I'm not yet clear on what its full role is and what power it will/can have to propose and enact changes though. This is a vital issue given the heavy traffic and poor public transport and integration is one key reason why Bristol is far from being a green city.

*http://www.thisisbristol.co.uk/news/Lib-Dems-stay-control/article-3568496-detail/article.html

Also see: http://www.bristolgreenparty.org.uk/News/greens-celebrate-new-influence-on-council.html

Public now to be consulted on council handling of town green applications

Pressure from a range of green campaigners has helped bring about public consultation on how the council handles town green applications. An excellent contribution to local democracy by those campaigners.

PLANS to take some town green applications out of the hands of independent inspectors have been put on hold.
The city council's public rights of way and greens committee yesterday agreed to ask the public before deciding on a rule change that could have seen some of the bids to protect open spaces from development decided entirely by a council sub-committee...

http://www.thisisbristol.co.uk/news/Campaigners-victory-invillagegreenbattle/article-3463037-detail/article.html

COUNCILLORS may ditch the services of an independent inspector when deciding on town green applications.

In place of using independent legally-trained inspectors to advise on whether a town/village green application, which many Bristolians are using to try to protect their local green space, should be refused or accepted (often involving an oral hearing into contentious evidence), Bristol City Council, who controversially want to flog quite a bit of Bristol's green space, are proposing instead that the decision is based entirely on officer advice, or, in contentious cases, a hearing to be heard by a four person sub-committee of the Public Rights of Way and Green Committee. Fix of fair? I say its a fix - and it cant be fair that the council are both police officer, judge and jury!! Officers and Councillors are not independent - its impossible to separate them from the policies of the council. Decent coverage of this matter by the Evening Post.

...the Green Party believes the council wants to make the changes to "wriggle out" of creating more town greens.

In a statement, the Greens say:

"This proposal to change the procedure may seem obscure but has important implications for protecting Bristol's open spaces.

"We believe the council has about 17 new application for town green status waiting on its books for determination, and if it is intended to use the new procedure, then it is clear from the outset that this is all about saving money and not improving its fairness.

"This proposal is a false economy since the money saved by not employing an independent inspector is likely to be used up very quickly if any applicant makes a challenge to the decision in the High Court."

The Greens believe the new procedure will be open to challenge because:

■ There will be bias because the council itself owns much of the land under application so it is an interested party in the decision;

■ Councillors with their party political pressures will now be making the decision rather than an independent person;

■ The council legal advisers and officers advising on the decisions are directly employed by the council and so will be less likely to decide against its wishes.

Charlie Bolton, Green candidate for Southville, said:

"It's very important for the council's procedures to be fair and any changes must have full consultation."

Gus Hoyt, standing for the Greens in Ashley, said:

"We want decisions on town greens to be taken by legally experienced people and not along party political lines behind closed doors."

The report before councillors says: "In its capacity of registration authority, the city council has to consider objectively and impartially all applications for registration of new greens on their merits, taking account of any objections and of any other relevant considerations.

"Registration as a town or village green is dependent purely upon past use, and not upon future plans."

COUNCILLORS may ditch the services of an independent inspector when deciding on town green applications.

Anger at plans to change town green applications,Bristol24-7

This is called fixing the system to get the outcome you want, instead of a thorough, rational, evidence-based approach!! ...Instead of using independent legally-trained inspectors to advise on whether a TVG [town/village green] application should be refused or accepted (often involving an oral hearing into contentious evidence), they are proposing instead that the decision is based entirely on officer advice, or, in contentious cases, a hearing to be heard by a four person sub-committee of the PRWG [Public Rights of Way and Green Committee].... Following the row over the sell-off of the city green spaces, the possibility looms of councillors bound by party loyalty to agree to the plan to sell these green spaces being in charge of deciding whether local objections to those plans are allowed.... Anger at plans to change town green applications Bristol24-7

Talks between town green and new stadium sides

Its a good thing for both sides to talk issues through. Polarisation and vilification that has occurred during the debate has hindered rational consideration. I watch with interest to see what is proposed, by whom, and what the final outcome is.

A DOOR has finally opened which could break the deadlock over Bristol City building a new stadium at Ashton Vale.

Debate on new BCFC ground

THE Ground v Green debate to discuss plans for a 30,000-seat stadium at Ashton Vale will be broadcast live tonight from 7pm.

The Evening Post and BBC Radio Bristol have joined forces to organise the high-profile debate on one of the biggest issues in the city for years...

Ashton Vale stadium: 'MPs call for Councillors to commit unlawful acts'

Some very interesting comments on this post from the Ashton Gate Blogger. For example:

The MPs have written a letter calling on councillors to reject the Town Green Application so as to bring about a football stadium on the land for the benefit of the club and others.
Under the Commons Act 2006, the future use of and aims for the land cannot be taken into account.
By calling for the Councillors to do so, the MPs are asking them to commit “Misfeasance in Public Office”. This is where a public official acts knowing that he has no power to do the act complained of – causing detriment to the legal rights of some, for the benefit (commercial or otherwise) of others.
What a bizarre world we now live in where MPs call for Councillors to commit unlawful acts so as to overide the legal rights that have been given to local people by those very MPs only 4 years ago

says Harry T....rightly in my view.

And following on from this Still Waters says...

Just out of interest, does this act of inciting Misfeasance in Public Office toward BCC come under Misconduct in Public Office for the MPs? Maybe their Chief Whips should be nudged?

http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-04909.pdf

“there is often an additional offence that can be committed where someone ‘attempts, conspires, aids or abets, counsels or procures’ another offence. The problem with attempting to prosecute someone for such an additional offence is that the intent needed to be proved is both for the alleged attempt, conspiracy, aiding, abetting, counselling or procuring’ the first offence, but also the intent to commit the original offence.”
I think a bloody great big article in a newsrag is ‘proof enough’…

The latest biased and ridiculous rubbish on the Ashton Vale stadium

BRISTOL could reap the benefits of hosting events like the Ryder Cup if the Ashton Vale stadium goes ahead, golfer Chris Wood said last night.

Er...but we dont have a decent golf course...or is that the next thing they will try to build on green belt land?? Or perhaps the whole event would be scaled down and staged on a mini golf course inside the new Bristol City stadium?

Plans for a £92 million stadium at Ashton Vale have once again been thrown into turmoil.

This is an excellent decision by the inspector. The council should now proceed to formally register the whole site. There is a value to this green space well beyond cash - leisure, recreation, entertainment, health benefits, storm water drainage and thus flood protection, taking carbon dioxide from the air thus helping to fight climate change, provision of wildlife habitat and food supply, which aids biodiversity. Green spaces are vital to the quality of our lives, offering relief from the all too common congestion and other negative effects of development and helping us to connect with and appreciate the natural world – vital to wellbeing and to encouraging respect for nature.

Plans for a £92 million stadium at Ashton Vale have once again been thrown into turmoil.

Plans for a £92 million stadium at Ashton Vale have once again been thrown into turmoil.
Residents who live near the site have won their fight for the 42-acre site to be designated as a town green.
An independent inspector has recommended that the whole site where the stadium would be built - including the former landfill site - should be given town green status.
If approved, it would effectively rule out any development on the site for ever...