CAMPAIGNERS have pledged to continue their battle to ensure public access to Stoke Lodge Playing Fields in spite of two devastating court blows.
A judge ruled in June that Bristol City Council had been wrong to designate the site as a town and village green. Last month he awarded costs against the council and protester Kathy Welham.
In what the campaign group We Love Stoke Lodge has called a “vindictive” ruling, Judge Paul Matthews said Ms Welham should pay 90 per cent of the legal bills of Cotham School, which leases the fields from the council, and the council should pay 10 per cent.
He ordered interim payments of £85,203 and £9,467 respectively to be paid by July 28 and he refused Ms Welham leave to appeal.
The judge said the split was because the council was “at best a junior partner” in the High Court action.
Cotham School said: “We welcome the recovery of public funds that were necessarily expended in protecting the school’s playing fields, which are required for our delivery of PE lessons. We now look forward to resuming use of our playing fields as soon as possible.”
Kathy Welham said:”We are amazed and angry at the unfair assumptions about our community that appear to underlie the allocation of 90% of the costs of this case to a group of individuals who, in all good faith, accepted Bristol City Council’s – and Cotham School’s – encouragement to participate in the litigation.
“We, however, are standing by our commitment and obligations, and I would like to emphasise that we hope that the money that is (unjustly, in my personal view) being required of me and my supporters, will be used to help mitigate any detriment to Cotham School pupils flowing from the effects of the school’s repeated legal actions on its financial reserves.
“Finally, we as a community remain incandescently angry that our last accessible, neighbourhood green space, that we love deeply, and which has been relied upon for many decades by the thousands of Bristol citizens who share it with Cotham School, is again in danger of not being protected as it should be. Our commitment to protect the land for future generations is undiminished.”
Commenting on the costs split, We Love Stoke Lodge said: “We believe this allocation could have a chilling impact on other community groups seeking to defend important matters of principle.”
It said the community’s outrage over the outcome of the High Court hearing had strengthened the group’s resolve.
“The judge has granted an extension of time (to mid-September) for the community to apply directly to the Court of Appeal for permission to appeal the recent decision. The community intends to do so, and in that appeal process can also challenge the current costs decision,” We Love Stoke Lodge said.
The group pointed out that although the judgement had ended the village green status for Stoke Lodge, four public rights of way across Stoke Lodge were recognised by the council last November, with councillors finding “overwhelming evidence” that these routes have existed for decades. It believes this will prevent the school fencing off a large part of the site.
The campaign group said on July 25 that its payment had been made. It said it would publish details about how people can support the continued battle in due course; in the meantime supporters are asked to email welovestokelodge@gmail.com