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CPRE Oxfordshire
CPRE Oxfordshire
Campaigning to protect Oxfordshire's countryside for 75 years
 
 
Save Warneford Meadow  
 

Latest News

2010

May 11th: Warneford Meadow has finally been registered a Town Green!

CPRE is delighted to announced that Warneford Meadow has finally been registered a Town Green by Oxfordshire County Council! On hearing the news, Sietske Boeles of Friends of Warnford told CPRE: "This means that this well loved 18 acre meadow and orchard has been saved for ever."

She continued: "We now hope to work with the NHS as landowners, to improve the Meadow (including the orchard) for the future, in order to maintain and enhance both its value as a recreational amenity for local people, NHS service users and others, and its ecology and biodiversity."

The Friends of Warneford Meadow have fought for four years to protect the meadow from development. First by persuading local councillors to throw out the planning applications for a vast development  for student housing and research buildings. Subsequently they supported Paul Deluce, Town Green applicant, at the successful Town Green Inquiry and at the High Court when the NHS challenged the Inspector's decision to have the Meadow registered as a Town green.

CPRE Oxfordshire has supported the Friends in their long struggle to have this little oases of open green space in the heart of the city protected and we are pleased to have played a small part in the success of the campaign.

This is the second green space to have won Town Green status in Oxford (the Friends of Trap Grounds in north Oxford won Town Green status in 2006), and the city may soon have another Town Green if the Friends of Oxpens Meadow win their campaign to have the meadow registered.

    • For more information see Friends of Warneford Meadow website here.

March 24th: OBMH accepts the outcome of the Warneford Meadow Judicial Review and
will not be proceeding to further appeal.

Further to yesterday’s news of the Judicial Review judgement, CPRE is delighted to announce that the Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust will not be proceeding to further appeal.

In an announcement on BBC Radio Oxford yesterday it said: "OBMH accepts the outcome of the Warneford Meadow Judicial Review and will not be proceeding to further appeal. We are of course extremely disappointed at the effect this will have on our plans to make improvements across our estates to benefit our patients."

The full statement from OBMH, broadcast on BBC Radio Oxford yesterday reads:

"OBMH accepts the outcome of the Warneford Meadow Judicial Review and will not be proceeding to further appeal. We are of course extremely disappointed at the effect this will have on our plans to make improvements across our estates to benefit our patients. Many of our wards need major improvements to bring them up to the modern standard which our patients deserve. The Department of Health and the NHS in Oxfordshire had agreed to allocate all proceeds from the sale of the Meadow to upgrading the Warneford hospital and we had planned to use proceeds from the sale of surplus land to replace these out of date facilities. We remain committed to improving facilities for our patients at the Warneford Hospital. We accept that this will now take longer than we planned and hoped."

March 23rd: High Court ruling brings Warneford Meadow one step closer to being protected forever.

CPRE Oxfordshire is delighted to learn today that a High Court ruling has upheld Oxfordshire County Council’s decision to register Warneford Meadow as a Town Green.

Town Green status was awarded to Warneford Meadow in April 2009, by the Oxfordshire County Council, under the Commons Registration Act 1965, and has since received cross party support.

The Judicial Review into the Inspector's Report, which recommended that the Warneford Meadow and Orchard should be registered as a Town Green, was heard at the High Court in London on 25 and 26 February 2010.

The legal basis of the Inspector’s Report, which advised the County Council to register the Meadow on the grounds that the land had been used for sports and pastimes for at least 20 years, was contested by the Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust, which owns the land and which wants to develop the site.

CPRE Oxfordshire has for many years supported the Friends of Warneford Meadow in its campaign to get Town Green status for Warneford Meadow and the Orchard, in order to protect it for prosperity

Helena Whall, Campaign Manager for CPRE Oxfordshire said today:

“Warneford Meadow is more than an area of rough pasture; for local residents and wildlife it is a vital green space within a crowded city.

We believe it is crucial to preserve this lovely area of open, semi-rural land in the heart of the city for recreation and for its ecological and environmental value.

We are delighted that the Inspector’s report which recommended that the Warneford Meadow and Orchard should be registered as a Town Green, has been upheld and we hope that this ruling secures the protection of this unique and valuable green space for generations to come.”

Helena Whall concluded:

“We very much hope that the NHS Foundation Trust will do the right thing by the local community, who value this green space, and by the tax payer who will bear the brunt of this legal wrangle, and accept the Inspector’s decision, so that the meadow can once again be used and enjoyed by residents of the city as well as patients of the Hospital, as it was originally intended.”

Sietske Boeles, Headington resident and long time campaigner for Friends of Warneford Meadow, said today:

“We are overjoyed that we have won the High Court case and enormously grateful for the support of our local community and to the many others who contributed to raising our legal costs of over £65,000. Thanks also go to Paul Deluce for bringing the application, the Open Space Society and to the Campaign to Protect Rural England for help with fundraising, to the County Council's legal team and our lawyers Ross Crail and Alastair Wallace for their hard work in helping us succeed.

We now look forward to working with the NHS as landowners, with the local authorities and with local residents’ associations to conserve and enhance the Meadow and Orchard and make them an even more valuable resource to be enjoyed by the people of the area for generations to come.”

Despite losing the High Court ruling, the NHS Foundation Trust could still lodge another appeal and the case could end up at the High Court or even the Supreme Court.

    • See CPRE Oxfordshire Press Release (23 March).
    • For more information see Friends of Warneford Meadow website here.

March 1st: Judge reserves judgement on case of Warneford Meadow Town Green.

The Judicial Review into the Inspector's Report, which recommended that the Warneford Meadow and Orchard should be registered as a Town Green, was heard at the High Court in London on 25 and 26 February.

The inspector said the land had been used for sports and pastimes for at least 20 years and could be declared a Town Green.

However, the QC for the NHS, which appealed against the planning inspector’s decision, said at the Review that anyone using the land could only have done so by walking past a large sign proclaiming: ‘No public right of way.’ It is his case that the planning inspector should have found in favour of the two NHS trusts and that the land had been accessed by “force, stealth or without the permission of the owner”.

Lawyers for the local authority said the notice applied to footpaths crossing the land, and did not prevent sports.

The judge has reserved judgement on the case until a date in March when there will be further hearings. This is being seen as a test case for town green legislation, particular with regard to the definition of ‘neighbourhood’.

Even if the NHS loses the High Court ruling, they could still lodge another appeal and the case could end up at the High Court or even the Supreme Court.

  • For more information see 'Friends of Warneford Meadow' website here.
  • See: Oxford Times (26 February).

January 14th: Date set for Warneford Meadow Town Green Judicial Review.

The Judicial Review into the Inspector's Report, which recommended that the Warneford Meadow and Orchard should be registered as a Town Green, is listed to be heard on Thursday 25 and Friday 26 February 2010.

The hearing will be at the Administrative Court at the Royal Courts of Justice in the Strand, London.

FoWM is continuing its fundraising appeal; it now needs to raise approximately £2,000.

FoWM is also awaiting the decision by the County Council, which is expected in February, to register Warneford Meadow, parts of Boundary Brook and the Golf course as a provisional Local Wildlife Site. Pending wildlife survey results the whole site could be a Local Wildlife Site by autumn 2010.

2009

June 5 2009: Oxford and Buckingshire Mental Health Foundation Trust challenge Town Green status of Warneford Meadow.

The Campaign to Protect Rural England, Oxfordshire Branch, is very disappointed to learn that the Oxfordshire and Buckinghamshire Mental Health Foundation Trust is making a proposed claim for Judicial Review in the High Court, challenging the County Council's decision to register Warneford Meadow as a Town Green.

CPRE has for many years supported the Friends of Warneford Meadow campaign to get Town Green status for this meadow.

CPRE believes it is crucial to preserve this lovely area of open land for recreation and for its ecological and environmental value.

We were delighted when Town Green status was awarded to the meadow in early April by the Oxfordshire County Council and were encouraged by the cross party support that this has since received.

CPRE strongly urges the Mental Health Foundation to reconsider its decision to go for a Judicial Review and to listen to local residents who want to protect the meadow so that it can be used and enjoyed by City dwellers and patients of the Hospital alike.

May 1 2009: Friends of Warneford Meadow take steps to secure Warneford Orchard as a Local Wildlife Site.

The NHS have said that they are considering whether to go to for a judicial review. This needs to be lodged within three months of the Oxfordshire County Council Planning & Regulation Committee meeting of 6th April, at which it decided to accept the Inspector’s Report and register Warneford Meadow as a Town Green. If they do, this may not be heard by the High Court before 2010.

In the meantime Friends of Warneford Meadow have taken steps to secure Warneford Orchard as a Local Wildlife Site, which would give the orchard a high degree of protection against development.

CPRE is pleased that the County Wildlife Panel has decided that the orchard will be proposed as a Local Wildlife Site. The panel has also said that the Orchard, Meadow, Boundary Brook and Lye Valley area will be evaluated in 2010 as a complex of sites which in its totality may become a Local Wildlife Site.

On 1st May FOWM held an event at Southfield Golf Club, designed partly to celebrate the success of the campaign in convincing Oxfordshire County Council to register the Meadow as a Town Green, and partly to stimulate discussion among residents and others about how - assuming that registration proceeds - to manage the Meadow so as to sustain and enhance its value as a recreational and environmental resource for the local community.

Addresses by invited speakers included Chris Dunabin, Andrew Carter and Paul Deluce from FOWM, Professor Sir Muir Gray, Chief Knowledge Officer of the NHS, Tony Joyce, Chair of the Oxford Civic Society, Mark Lynas, writer on environmental issues, and Bruce Tremayne, Chairman of CPRE Oxfordshire.

Among those attending were Andrew Smith, MP for Oxford East, prospective parliamentary candidates Edward Argar (Conservative), Steve Goddard (Lib Dem) and Peter Tatchell (Green), local councillors and representatives of local resident’s associations.

It was a successful evening and CPRE is very pleased that the (prospective) MP's have offered their unqualified support. FOWM now hope to capitalise on this goodwill and will carry on with their campaign until the meadow's future has been secured.

CPRE Oxon offered their assistance in the future management of the meadow.

April 6 2009: OCC Planning Committee vote to register Warneford Meadow as a Town Green!

CPRE is delighted to report that at their meeting on Monday 6 April, Oxfordshire County Council Planning & Regulation Committee decided by ten votes to three to accept the Inspector’s Report and register Warneford Meadow as a Town Green. This is the culmination of two-and-a-half years of very hard work by a lot of local residents to preserve this lovely area of open land for recreation and for its ecological and environmental values.

However, the objectors may request a judicial review and this may delay the registration process further. 

  • See BBC News (6 April).
  • For more information see the FOWM website.

What you can do:

Friends of Warneford Meadow currently have an outstanding legal bill for over £3,000, which must be paid whatever happens next.  Donations towards this expense will be very gratefully received.  See FOWM fundraising events below.

  • Donations may be made in the usual way, to David Sutton, at 12 Hill Top Road, Oxford. Cheques for £50 or more should be made out to CPRE Oxfordshire Branch. Donations of £50 or more are eligible for Gift Aid, which will add an extra £2.80 to every £10 donated. Cheques for smaller amounts should be made out to Friends of Warneford Meadow. If you would like to make a donation, please complete the donation form and – if appropriate – the Gift Aid Declaration, both of which are available for download from the FoWM website.
  • For more information phone FOWM Joint Co-coordinator Sietske Boeles on tel: 01865-728153/453011 or email FOWM at: info@friendsofwarnefordmeadow.org.uk

January 2009: Warneford Meadow remains under threat!

At their December meeting, the full City Council passed a resolution to recommend to the County Council that Warneford Meadow should be given town green status. Despite this resolution, the meadow is still under threat.

Since the publication of the Inspector’s Report in November, the objectors to the town green application have made submissions to the County Council Planning and Regulation Committee. They are disputing a number of points contained in the Report and wish the Committee to take into consideration their views on these when deciding whether to implement the Inspector’s recommendation that the Meadow should become a town green.

Vivian Chapman’s Report in itself is powerful evidence and makes a compelling argument that Warneford Meadow should become a town green. Nevertheless, the applicant's legal representatives have advised that he should consider making his own submission to the Planning and Regulation Committee to answer points raised by the objectors.
The legal team has therefore been asked to go ahead and draft a submission. This will result in a delay before the County Council can make their decision and it will mean extra legal costs for Friends of Warneford Meadow, who are supporting the application.

Consideration of the Inspector’s Report and submissions by interested parties is now on the agenda for the Meeting of the Planning and Regulation Committee scheduled for 16th February, 2009.

  • For more information see the FOWM website.

2008

October 17 2008: Town Green Application Successful!

After years of campaiging, the future of Warneford Meadow finally looks safe from developers. The report of the Inspector, Mr Vivian Chapman QC, has recommended that the entirety of the application site (including the orchard) should be registered as a new town or village green under the Commons Registration Act 1965.

CPRE Oxfordshire would like to take this opportunity to congratulate the Friends of Warneford Meadow for their tireless campaigning and fundraising.

On 16 October, Friends of Warneford Meadow heard from the Oxfordshire Council Solicitor that he had received the Report of the Inspector, Mr Vivian Chapman QC.

The Inspector's Report is now available for detailed scrutiny. FoWM will be able to release more information once they have studied it and spoken to their solicitor.

You can download the report by clicking here.

Officially, the report is addressed to the County Council, who will consider it and decide how to respond to the recommendations. The Inspector’s Report and recommendations are tabled for the meeting of the Planning & Regulation Committee on 12th January, 2009. However, this may be affected by any representations that may be made by the Objectors or Paul Deluce on receipt of the Report. It is possible that the Health Trust may decide to appeal or request a judicial review.

You can download the report by the County Solicitor and Head of Legal Services by clicking here.

Latest news:

September 2008

The Town Green enquiry finally ended in May. Friends of Warneford Meadow now await the Inspector’s report which will contain his recommendation to the Council. At the end of July the report seemed imminent, but the judgement on appeal in another case in Redcar had a bearing on the Warneford Meadow application. As a result, the Inspector has granted time for further submissions. The Barrister for FWM made a robust intervention which is believed to have strengthened FWM’s case considerably. FWM are not now expecting to hear the inspector’s recommendation before the end of September.

So far £5,190 has been donated towards the £7,000 that FWM need for the costs of the enquiry. That leaves only £1,810 still to raise if they are to meet their target.

For further information contact FOWM at email: FOWM@btinternet.com or see their website: http://www.friendsofwarnefordmeadow.org.uk

25 January 2008. Town Green inquiry adjourned till 19th May.

The Warneford Meadow Town Green Inquiry, which began on 18 January and lasted for 6 days, has been adjourned till 19th May and is expected to gone on for another 3 days.

Sietske Boeles of Friends of Warneford Meadow said: ‘The Inquiry ended on a positive note. The Inspector is now very much aware that the NHS presented the opposite case at the definitive Footpath Inquiry in 2000 when they argued that the whole site was used freely and indiscriminately for recreation by many local people.’

An outcome is not expected till late Summer.

Friends of Warneford Meadow appeal for funds!

CPRE Oxfordshire appeals to all those who want to see Warneford Meadow protected for posterity to make a generous donation to the Friends of Warneford Meadow appeal. It is estimated that the total legal costs for preparing and defending the application will be £37,000. To date FOWM have raised £20,000, but they urgently need a further £17,000.
                                                                                                  
Donations of less than £100 can be made to Friends of Warneford Meadow, c/o David Sutton, 12 Hill Top Road, Oxford, OX4 1PB. Contact: 01865 248847. If you are able to make a donation of more than £100, the value of your donation can be increased by 28% through Gift Aid. Donations can also be made through CPRE Oxfordshire Branch.

12 September 2007. Town Green inquiry adjourned

The town green inquiry opened on Monday 8 October. Ross Crail, barrister for the residents, said: "The evidence is that there was a sufficient amount of indulging in sports and past-times over the whole of the meadow, to justify registration." (Oxford Mail).

During the week, more than twenty witnesses were cross-examined. The counsel for the NHS, Philip Petchey, summarised the nature of the questioning saying that "we grind the detail very small" in this type of inquiry. Petchey was part of the ten-strong NHS team, which included OBMHT chief executive Julie Waldron and eight planners and advisers.

Ross Crail said the bundle of evidence submitted by the NHS, which is opposing the town green application, contained a statistical survey of the use of the meadow. The inquiry heard that expert advice given to Ms Crail about the methods used by the survey and its conclusions could be challenged as flawed (Oxford Mail). As a result, the inquiry has been adjourned until January.

8 September 2007: Warneford Meadow Town Green Appeal

Warneford Meadow town green inquiry. From October 8–12th Vivian Chapman QC will chair an inquiry in Oxford Town Hall to determine the application to have the meadow designated as a Town Green. The main opponent will be the NHS which owns the land . Paul Deluce would like to hear from anyone in the local area who has regularly used the meadow, in the present or past, for recreation or exercise, for example: dog walkers, birdwatchers, fruit pickers, kite flyers, hide and seekers, picnickers etc. Photographic evidence is also very important.

Paul is also seeking assistance in paying for the legal costs, which are estimated at £20,000. If anyone is able to help, please contact Sietske Boeles, 108 Southfield Road (Tel: 01865 728153) or email fowm@btinternet.com for further details. Gift Aid available for donations over £100.

June 2007: The Proposals go to Appeal

The planning applications from the Health Trusts were considered by the Strategic Development Control Committee of Oxford City Council on 25 April. Although city planners recommended that the application was accepted in principle, SDCC refused to consider the application. As a result, the Health Trusts have lodged an appeal with the Planning Inspectorate (Oxford Mail).

Andy Boddington said "The proposals that were put to the strategic development control committee were not fit for approval. The trust is just wasting NHS money by taking them to appeal at this stage".

Warneford Meadow     Warneford Meadow
Wet spring at Warneford Meadow   Dry spring at Warneford Meadow

The Battle for Warneford Meadow

Warneford Meadow is a tranquil space close to the heart of Oxford, yet rural in character. The Meadow is more than area of rough pasture; for residents and wildlife it is a vital space within a crowded city. CPRE Oxfordshire has objected to the developments proposed by the Oxfordshire & Buckinghamshire Mental Health Partnership NHS Trust. The Health Trust plans to sell the land with planning permission rather than develop it itself; its sole aim is to raise income. The Warneford Hospital land is valued at £30.9m, though it is not clear whether this figure assumes planning permission is granted.

CPRE has for many years been campaigning to save green spaces within the city of Oxford. A telephone call from one of our city members brought us into a new campaign.

Warneford Meadow is one of the hidden secrets of the city. Five hectares of unkempt pasture are bounded by a wildlife corridor and a scruffy orchard. It is a meadow that is well used but not trampled or manicured. And until recently it was not maltreated. Now development encroaches it from every direction and its very existence is under threat.

That threat comes from the National Health Service, which has submitted two outline planning applications for three potential uses of the site. The Oxfordshire & Buckinghamshire Mental Health Partnership NHS Trust is seeking to gain permission for accommodation for 2,000 Oxford Brookes students. Or perhaps, it suggests, the site might be suitable for key worker housing, or a research facility. The new use of the site is of little concern to the Trust, its only aim is to maximise the value of the site before sale to a developer.

Although the profits from the sale will go to a good cause, that is no excuse for destroying a valued landscape. Along with the newly formed group, Friends of Warneford Meadow, and local residents we have objected to the proposals because:

The development will result in significant loss of green and tranquil space within the City of Oxford.

The scale of the development is such that the whole Meadow, and its adjacent wooded boundaries, will be dominated by light and noise pollution.

The substantial loss of unkempt meadow will have a serious impact on Warneford Meadow's role as a wildlife corridor.

Support for city fields like Warneford Meadow comes from an unlikely source. In her report on land use planning, Kate Barker said: "It is extremely important that the social and environmental value of open urban land such as parks, playing fields and other recreation areas—land which is highly valued by the community—should be factored in to decision-making, so that it is not subject to development pressure".

The Proposals

The Oxford City Council website allows you to view planning applications online: http://uniformpublicaccess.oxford.gov.uk/publicaccess/default.aspx. The planning application reference numbers for the Warneford Meadow developments are 06/01559/OUT and 06/01560/OUT.

CPRE Objection

Warneford Meadow: 06/01559/OUT

Warneford Meadow is a tranquil space close to the heart of Oxford, yet rural in character. The Meadow is more than area of rough pasture; for residents and wildlife it is a vital space within a crowded city.

We are concerned that the Design Statement is incomplete. Specifically only six development principles are stated in paragraph 2.5, against the nine referred to in the text and Figure 5. This lack of information has hampered our response. Given this flaw in the Design Statement, we request that Oxford City Council extend the consultation period on this application, so that further information can be supplied to ourselves and other interested parties.

In the interim, we make six objections to the proposals:

1) The development will result in significant loss of green and tranquil space within the City of Oxford.

2) The scale of the development is such that the whole Meadow, and its adjacent wooded boundaries, will be dominated by light and noise pollution. The urbanisation of the footpath will add to this. It is disingenuous of the Design Statement to quantify the development as 53% of the site, when the whole site area will be affected. The percentage stated does not seem to include the footpath "improvement" and the practical total perhaps is significantly above the 50% specified in the Local Plan.

3) The hardening and urbanisation of the footpath to take increased pedestrian and cycle traffic will detract from the rural character and tranquillity of the Meadow.

4) The Design Statement over-emphasises the proposed central open space, which is small and provides no substitute for the openness of the Meadow.

5) The proposal is to erect the tallest buildings on the south-west edge of the site. These will overlook and dominate the wild hedgerow and footpath, reducing their value as tranquil and green spaces.

6) The substantial loss of unkempt meadow will have a serious impact on Warneford Meadow's role as a wildlife corridor. Such corridors need a variety of habitats, not just woodland and hedgerows. The pressure of so many people living adjacent to the remaining rough pasture will severely erode it, as they use the space for walking, exercising dogs, sunbathing, etc. The long-term pressure will be to manage and manicure the pasture, with a resulting loss of biodiversity.

We oppose the development on the six grounds above and believe that the loss of Warneford Meadow will be a loss to Oxford City as a whole.

2007 News

Further information

  
 
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Published by CPRE Oxfordshire, Punches Barn, Waterperry Road, Holton, Oxfordshire OX33 1PP. 01865 874780.
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