Wednesday, December 8, 2010

12/8 Paul on Politics

     
    Paul on Politics    
   
Bristol City's stadium dilemma
November 29, 2010 at 4:12 PM
 

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Sometimes the law is an ass.

That's the view from numerous MPs I've talked to about the laws that could kill off Bristol City's plans for a new stadium on fields at Ashton Vale.

Yet our laws are made by Parliament - with the most recent changes just four years ago.

A combination of legislative changes and landmark court cases have seen the scope of what can be designated a 'town green' or 'village green' widened.

That means, according to an official report, that the 42-acre site on the edge of Bristol qualifies.

Being a town green means it could never be developed; the only constructions on the land would remain the blue pipes which today bring up methane from the rotting landfill underneath.

There are plenty of other curious town or village greens, including swampy land, a beach and a golf course.

Barrister Charles George

Barrister Charles George

Barrister Charles George has been involved in several significant cases - and is very critical of our lawmakers.

"Parliament has been particularly obtuse, because they had the chance in 2000 and in 2006 to say that the law has become a bit of a nonsense," he says. "Instead of which on both occasions they chose to make it easier to register land as village greens."

The 2006 Commons Act was put through by Labour MPs - including Bristol East's MP Kerry McCarthy.

Yet four years on she's championing the stadium bid, even tabling a Commons motion insisting it should not be killed off by the town green issue.

"As ever with legislation it's when things are put to the test in real-life scenarios that sometimes you find things aren't quite perfect," she admits.

"I don't think the town green legislation was designed to be used for land on this scale."

She's written to the government asking for them to change the law; so too has the Wells MP Tessa Munt.

"This is bonkers, this is absolutely bonkers!" she exclaims.

"I have to say it's happening in other parts of the country as well."

Defra (the relevent department) is considering changes - but they would come too late for Bristol City.

Expect a big crescendo of angst and fury as the issue comes to a head (such as at a joint BBC Radio Bristol - Evening Post debate).

A committee of councillors must decide whether to accept the town green recommendation.

But their personal wishes, and all the surrounding passion and emotion will count for little.

What matters is the law, and whether those muddy fields above an old rubbish tip meet the official criteria.

If councillors say they don't, the case may well go right up through the legal system.

Losing in the High or Supreme Court wouldn't just be embarrassing; it'd also be very expensive.

   
     
 
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