By Greg Dawson
Kirklees Council is appealing against a judicial review which is currently preventing them from taking over Cemetery Road allotments in Birkby.
A group of allotment holders had previously won a battle with Kirklees council over the permanency of the allotments which were planned to be bulldozed.
A recent judicial review ruled the land to be “zoned for allotments”, in the 1920s an act of parliament allowing the Huddersfield Corporation to purchase the Ramsden Estate including the allotments.
The allotments were described by the Corporation as “permanent” and had “security of tenure”, meaning they could not be stripped without permission from the Secretary of State.
However, the council now has sought permission to appeal the review and if permission is granted then the case will be heard at the Court of Appeal in London.
Part of the allotments are planned to become a playing field and carpark for a new £9.7m school, Brambles Primary Academy.
On the 10th of May, The Honourable Mr Justice Kerr refused the council permission to appeal against the previous verdict. The council filled out its appellant notice on May 29th.
Debby Fulgoni, a spokeswoman for the allotment group, spoke out about their experiences with the council.
“Our experience with the Council has been very frustrating and we feel that there should be more direct engagement with communities to create viable, imaginative sustainable solutions when problems arise.
“All this could have been avoided if we had simply been listened to. We are supporters of the school plans but the car park and sports field can easily be placed even closer to the school without taking the allotments.”
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