16 October 2007: Town Green Status Rejected

• "Devastated at the result, devastated at the destruction that will now hit Thrupp Lake." Radley Lakes is refused Town Green status

In Brief

The Town Green inquiry has adjourned after four days of detailed evidence. The adjournment means that the decision on Town Green status is delayed until at least mid-September. Meanwhile, npower are continuing preparatory works. It now seems possible that as soon as the nesting season is over, and npower gets the necessary licences, it will dewater, line and fill the lake. Save Radley Lakes' lawyer sought a reassurance that npower would not proceed with this work while the hearing continued. RWE npower's lawyer declined to give this assurance.

The inquiry re-convenes on Wednesday 20th June 2007 at 11.00am in the New Pavillion, Radley College, Radley.

• Radley Village blog on the inquiry
• Radley Swan satirical blog in The Ecologist
• Statement by CPRE to the Town Green inquiry
• More on Radley Lakes

5 April 2007. The Town Green inquiry adjourns with Trupp Lake still threatened

The inquiry into Town Green status for Radley Lakes met for four days and three nights, and heard evidence from 28 people. They gave testimony of years of walking and watching nature at Radley Lakes. Together they painted a portrait of lakes that have been extensively used and greatly treasured by the local community over several decades. Thrupp and Bullfield Lake may have started off as gravel pits but now they are a mature and much loved landscape. Even though the trees on Thrupp Lake have been felled, ecologist Bob Eeles told the inquiry that the ecology of the lake can and will recover quickly with a little care and attention.

The witnesses testimony has shown how important Thrupp Lake are to the communities of east Abingdon and Radley. Many, though, found the process of giving evidence and cross-examination gruelling. They were asked about walks they took up to twenty years ago, whether they went through a particular gap in a hedge or fence, and whether they saw water skiers and fishermen. The future of Radley Lakes depends on these recollections and a very complex legal process.

The inquiry adjourned until 20 June. Prior to the adjournment, there was an exchange between Philip Petchey, representing Save Radley Lakes, and Charles Mynors, representing RWE npower. During this, npower refused to provide an assurance that their work on Thrupp Lake will be suspended until a decision on Town Green status has been made.

Petchey (Save Radley Lakes). "This inquiry will adjourn until the end of June. The work on the site is currently suspended until the end of the nesting season. There is concern that at the end of the nesting season and before the inquiry resumes, npower will resume work on the site. This is an important public inquiry and if npower were able to say they will not continue work works pending the completion of the inquiry and the determination by Oxfordshire County Council, it would be helpful. Could Mr Mynors tell me before the end of the afternoon?"

Mynors (RWE npower). "This matter is not for this inquiry. I recognise that this case [Radley Lakes] was a cause of concern before this inquiry and if it wasn't it is now. I am briefed that npower will consider its position and make a decision in the fullness of time. Npower is concerned at the length of this inquiry. It is concerned at the constant stream of witnesses coming on. We don't want to use the next three days in June [on witnesses] and then have to come to come back in August and later."

Chapman (Inspector). "A lot of issues have arisen from the complexity of the site. We haven't had any issues that were not foreshadowed in the red bundle [of pre-submitted witness statements]. It would be dangerous for all concerned to exclude evidence without great cause. A court might well think that Oxfordshire County Council had reached a decision without considering all the evidence."

The exchange continued and there was an agreement that the last witness statements would be heard in June, as will be the objectors' statements (RWE npower, Mr Curtis and Mr Docker Drysdale). After this the two parties will exchange their closing statements by post before submission to the Inspector. Vivian Chapman will then make a recommendation to Oxfordshire County Council. The County Council's Planning and Regulation Committee, which originally approved the proposal to tip ash in Thrupp Lake, will then decide whether to accept or reject Mr Chapman's recommendations. The earliest date for that decision is 11 September 2007 and it could be as late as 6 November.

Much of the work npower is planning for Thrupp Lake, including draining the water out of the lake, has been suspended until after the nesting season, but other preparatory works continue.

2 April 2007. The Town Green inquiry begins

Radley Lakes "the battle begins" according to the Abingdon Herald, reporting on the public inquiry into Town Green status which begins next week.

Simon Wells, who will represent npower at the hearing said: "We believe we have a strong case to put to the Inspector to oppose the application. We can demonstrate that this area, which is largely water, has not been used over the last 20 years for activities that would enable it to be registered as a town or village green."

Jo Cartmell for is leading the case for Save Radley Lakes said: "Our case is that, as of right, the lake has been used as an area of recreation for at least 20 years and should be retained. It has been used by anglers, bird watchers, walkers, and people have swum in the lake. I live not far away and took my children there for years. It's a precious treasure for wildlife and recreation, and should be preserved."

Andy Boddington will speak at the inquiry for CPRE Oxfordshire. The case has considerable importance for use of town green legislation for protection of community landscapes.

The inquiry will be held in New Pavilion, Radley College, 2-5 April. Commences at 11.00am on the first day, and at 10.00am on the other days.

2 February. Radley Lakes Town Green application gets the go ahead to go to inquiry

Oxfordshire County Council announced on 9 February that there will be an public inquiry into the application local residents to have Radley Lakes declared as a Town Green. The public inquiry will be held in the New Pavilion at Radley College between 2 -5 April (OCC statement).

Andy Boddington said "This is good news. Radley Lakes are a community space, in effect a village common, and we hope the public inquiry will agree with this view. The danger is that npower will have destroyed Thrupp Lake before the decision is made."

RWE npower spokesman, Kelly Brown, told the Oxford Mail: "At this stage, we do not believe that a clear case has been made to enable Lake E (Thrupp Lake) to be registered as a town green... we have been granted planning permission... so we will continue with our programme."

Richard Goodlad, the council's assistant solicitor, said: "A public inquiry into the Town Green status will be led by a senior barrister, a QC who specialises in this particular area of law. He or she will recommend acceptance or rejection. The county council's planning committee will make the final decision."

The Town Green application is being led by Jo Cartmell of Save Radley Lakes.