Environmental protesters barred from HS2 site in west London

Environmental protesters barred from HS2 site in west London
High court ruling extends injunction to include ancient woodland and London aquifer
by Diane Taylor, The Guardian
Thurs 16 May 2019 18.48 BST Last modified on Thu 16 May 2019 19.32 BST
Ref: https://www.theguardian.com/uk-news/2019/may/16/environmental-protesters-barred-from-hs2-site-in-colne-valley

Environmental protesters have been barred from land where they say HS2 is carrying out works putting almost a quarter of London’s drinking water at risk, following a high court ruling on Thursday.

The transport secretary, Chris Grayling, and HS2 Ltd were granted an extension to an existing injunction to prevent environmental activists from trespassing on the controversial HS2 site, a nature reserve in Colne Valley in Hillingdon, west London, which is an area of ancient woodland.

There have been many protests on the site, with demonstrators saying they are trying to save up to 100 acres of ancient woodland and 2,400 species of flora and fauna. HS2 says it is creating an ecology habitat (pdf) on the site to compensate for any destruction caused by the construction of the high-speed rail link.

The decision by David Holland QC, sitting as a deputy high court judge, extends the geographical area of the injunction to a field where the aquifer supplying 22% of London’s water is located.

Protesters argued in court that any acts of trespass were carried out because of concerns that the HS2 works pile-driving through contaminated land into the aquifer would contaminate part of the capital’s water supply.

Holland acknowledged the sincerity of the protesters’ motivations but said that as HS2 had possession of the land, the law was on their side to prevent trespass. He did, however, reject HS2’s application to keep the injunction in place until 2024, granting it instead until 1 June 2020.

In the course of the hearing it emerged that a map of the whole area of land owned by HS2 had been mistakenly cited as the area covered by the injunction. In fact, the injuncted area does not cover all the land owned by HS2 around the site. Breaching a high court injunction is contempt of court and attracts much more serious penalties than the offence of trespass.

In a statement to the Guardian, an HS2 spokesman said: “It was explained in the court proceedings that the map in question shows the land in the possession of HS2 at that time. The map has been incorrectly labelled as ‘Close up map of injunction order Harvil Road’ in the Crown Prosecution Service document describing the incident on 11 December 2018 [an alleged incident of trespass in breach of the injunction]. It should be labelled ‘Close up map of HS2 land possession’. HS2 will inform the CPS that their document should be updated and the plan relabelled.”

Sarah Green, a member of the Green party who was one of the protesters named in the injunction application by HS2, said: “I’m very disturbed about the potential for HS2’s work to destroy the whole valley including the aquifer beneath it. They have accused me of breaking the injunction on land that isn’t injuncted. This could pollute the water supply for 3.2 million people.”

Holland said to Green: “I’m concerned that your obvious energies are directed in the wrong direction. If you genuinely think there’s a real risk, you have mentioned criminal offences. If there is something in this you need to take it to someone, but not me.”

Following the hearing, Green said: “I’m very disappointed that the area of land covered by the injunction has been extended. There is a real risk to the aquifer supplying 22% of London’s water and that matter has been put before the high court.”

A spokesman for the Environment Agency said: “The Harvil Road construction compound in Hillingdon is subject to monitoring and has shown no contamination. The Environment Agency continues to work with and advise HS2 Ltd in relation to any potential environmental risks associated with the proposed construction of the HS2 project.”

An HS2 spokesperson said: “As work progresses on the new railway, safety and security around all our live construction sites is paramount. HS2 has applied for an extension to the injunction at Harvil Road to keep people safe around our sites in the area, and to help us avoid delays and additional costs to the UK taxpayer. HS2 aims to be one of the most environmentally responsible infrastructure projects ever delivered in the UK .”
[end]

Bob Hoskins exposes London property scams, Omnibus (1982) Missing Believed Wiped, with Barry Norman

Bob Hoskins offers his unvarnished opinion on the architectural dilemmas facing the South Bank

BBC Omnibus | 1982 | 50m – Bob Hoskins offers his unvarnished opinion on the architectural dilemmas facing the South Bank. BFI collections: Building the South Bank and Beautiful South
http://www.bfi.org.uk/distribution/test

1982: Omnibus – Bob Hoskins took Barry Norman on a riverside walk along the South Bank to illustrate his concerns about property speculation and development along the riverfront in central London.

Throwback: Bob Hoskins talks about urban planning in London’s South Bank

By WILLIAM MENKING • Friday May 10, 2019

The actor Bob Hoskins was the star of the 1980 film, The Long Good Friday, a London gangster movie that reflected on major anxieties, opportunities, and economic changes taking place in the U.K. In 1982 Hoskins led Barry Norman and the BBC on a riverside walk along the South Bank, and while pointing to new concrete office blocks he calls “Mars Bars” he confronts change in the guise of urban development along the Thames.

The coming redevelopment Hoskins claims (and was he ever right) will make the 1960s “redevelopment epidemic look like a rash.” Next to a Coin Street vacant lot, once the site of row houses, but torn down for the 1951 Festival of Britain, he points to another Mars Bar. You see that (the BBC overlays outlines the proposed structures) is what happens if you “don’t consult with local people.” In 1970 “a big property group said they would build flats, shops, and a hotel if they could build a great tower for their staff. Once they got that tower the company brass pushed off down to Surrey and their building was sold off and the new owners are new doing up a bit to let and now they say they are moving out of the tower as well.” Now thanks to these planning decisions what we have is an area that “looks and feels completely dead.” Hoskins was not just a great actor but with deep understanding of culture implicitly understood bottom-up planning. We need planners with his insight and passion.

@BBCArchive – #OTD 1982: Bob Hoskins took Barry Norman on a riverside walk along the South Bank to illustrate his concerns about development in London

‘My dad was such a good actor he convinced The Krays he was a gangster’ – Bob Hoskins’ daughter on his gentle side

https://www.dailyrecord.co.uk/entertainment/celebrity/my-dad-good-actor-convinced-8084578

HOSKINS, who died in 2014, was often cast as a cockney hardman, but in a new book his daughter reveals that was as far removed as possible from his real personality.
By Rod McPhee 30 MAY 2016

WHEN Bob Hoskins lost his battle with Parkinson’s , a nation mourned the loss of the lovable movie hardman.

In reality, his family say he was a gentle soul who loved cookery and archaeology, not the underworld criminal like his characters in The Long Good Friday and Mona Lisa…

Council stopped from bulldozing Huddersfield allotments – thanks to their own records from 85 years ago

Council plan to bulldoze allotments stopped – thanks to their own records from 85 years ago

Kirklees wanted to make way for a school but campaigners fought the plan – and have won a High Court battle

https://www.examinerlive.co.uk/news/west-yorkshire-news/council-plan-bulldoze-allotments-stopped-16252125

Tenants of Cemetery Road Allotments, in Huddersfield, with supporters from the National Allotment Society, at the High Court in Leeds for a judicial review into Kirklees Councils plan to take their plots as part of plans for a new primary school.

A battling allotment holder has scored a High Court triumph in his fight to stop Kirklees Council taking over his prized plots for construction of a new primary school.

Jonathan Adamson, who cultivates four plots at the Cemetery Road allotments in Birkby , was served with notice to quit by the metropolitan borough council in September last year.

He was told his plots were needed to provide playing fields and car parking space for the primary school, on which work is due to start imminently.

Mr Adamson supports the new school, but wants the plans reconfigured so as to spare his allotments, London’s High Court heard.

Although he and other allotment holders have been offered alternative plots, they are “not satisfied” with them, said top judge, Mr Justice Kerr.

Mr Adamson argued in person that he could not be deprived of his plots without permission from Secretary of State for Housing, Communities and Local Government, James Brokenshire.

Debby Fulgoni and Isaac Romain , plot holders on the Cemetery Road Allotments, which are under threat from building proposals
Debby Fulgoni and Isaac Romain , plot holders on the Cemetery Road Allotments 

The council fought his judicial review challenge tooth and nail – but now Mr Adamson has been handed a stunning victory by the judge.

The council’s September 2018 decision to “appropriate” the allotments for education purposes was overturned.

And Mr Adamson, together with 13 other allotment holders who supported him, had their notices to quit quashed.

An aerial view of Birkby from 1949 showing allotment space. The pink areas have since been lost to housing. The yellow area indicates the size of the current allotment site at Cemetery Road.

The judge’s ruling involved an in-depth survey of the history of allotments in Huddersfield going back to 1920, long before the council came into existence.

It was in that year that an Act of Parliament authorised the council’s predecessor, the Huddersfield Corporation, to purchase the Ramsden Estate – of which the allotments now form part – for £1.36 million, payable over 80 years.

The council denied that the Corporation had ever formally appropriated the land for use as allotments and that the Secretary of State’s consent was therefore not required.

But, after analysing Corporation minutes going back decades, Mr Justice Kerr found that it had done just that when the land was “zoned for allotments” at a meeting in 1935.

The allotments had been described as “permanent” at the time and the Corporation had directed that local maps be amended to show them.

Cemetery Road Allotments, Birkby.
Cemetery Road Allotments, Birkby. (Image: Huddersfield Examiner)

The allotment holders therefore had “security of tenure” and, under the Allotments Act 1925, they could not be stripped of their plots without the Secretary of State’s say so.

The judge rejected council arguments that Mr Adamson had delayed too long in bringing his case to court.

And Kirklees’s plea that Mr Brokenshire was “highly likely” to approve the appropriation of the allotments for the new school also fell on fallow ground.

The judge paid tribute to the “skill and courtesy” with which Mr Adamson presented his case and ordered the council to pay his legal costs – which came to £12,199.

Kirklees Council said it was “disappointed” with the decision.

They added: “A new primary school is needed in this area to meet the demands for places.

“As a council we’re committed to ensuring all children in Kirklees have access to the same high standard of education. This school is an important part of this.

“This decision will delay us in providing the new school local children deserve.

“We will be presenting additional information to the judge and hope this decision will be reviewed. We will also be seeking permission from the Secretary of State to proceed with the development following this decision.

“Allotments are part of our local communities and it’s important that we have enough spaces for those that want them.

“The amount of unused space on this site means that it is possible to have both a fantastic new school and a vibrant allotment site.

“Affected allotment plot holders were offered new plots in the same allotment where work has been done to bring them up to a very high standard with new paths, edging, and access to water, so tenants can get straight into the art of growing.”

a Landrights campaign for Britain

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