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Purpose
Purpose
The purpose of Friends of the Rec is to lobby for the restoration of the property to the charitable use for which it was gifted, and is opposed to its commercial development.
The open space of the Rec is a feature of Bath’s World Heritage City status, of the urban structure of the city, and the heritage of its surrounds, particularly the riverside and Tudor Abbey to the west, and to the palladian Great Pulteney Street to the north. Its use as a recreational open space features in the Local Plan, in Council’s objectives for the future of the riverside and in its promotion of the city for tourism, shopping and educational services.
Recent local increases in student housing, in aged accommodation and new hotel rooms, much overlooking the Rec, an ever increasing youthful tourism from overseas, and a youthful population, underlines the ongoing need for open recreational space at the centre of town, reinforcing the status of the open Recreation Ground at the core of the city.
The Rec’s ongoing maintenance is assured by adequate income from its present commercial leases to the Leisure Centre and Car Park- secured by the Appellants at the First-tier Charity Tribunal in 2014. This process secured backdated owed dues from BANES Council relating to years of retained car parking charges. These monies were paid as 'work in kind and resulted in the recent refurbishment of the Rec.
Friends recognises that land-use, townscape and thus value is the exclusive mandate of the Local Planning Authority, (‘development management’ in B&NES Council terminology), itself subject to long established planning law, national, regional and local policies and procedures. The city’s designation as a World Heritage Site imposes additional duties on B&NES Council to accommodate the requirements of PPG15 and other government Directives.
Friends consider it is the civic duty of its Local Authority’s to its electorate to defend the public realm and its environmental qualities.
Commercial rugby is neither an amateur nor charitable activity. Nevertheless in 2006 Trustees allowed the utra vires occupancy of the Rec by Bath Rugby plc and as Local Planning Authority it also gave temporary consent to the use. In response to Citizen’s concerns, B&NES Council sought a High Court ruling on the use of the Rec and in 2002 Mr Justice Hart QC handed down the Decision that its use was indeed to accord with the 1922 Legacy. In October 2016 the independent Trustees Appeal to a First Tier Tribunal confirmed their powers as Trustees but Friends are advised that the Tribunal but did not overturn the High Court Decision of 2002.
In 2010 B&NES Council abrogated and delegated its contractual duty as Trustee to eight unelected citizens with a declared intent of developing the Rec for commercial rugby, and to dispose of residual areas. The principal lease holder, Bath Rugby plc, has since it turned professional in 1996, enjoyed illegal occupation (as ineligible due to professional status) built up a professional and well resourced promotional lobby and a series of temporary consents for occupation, against the terms of the legacy. Friends regard this seizure of the Rec as a land grab by a commercial operator, to the detriment of the beneficiaries of the Charity.
Friends are prepared to give access to its own library of documents, letters and photos of Bath Recreation Ground and its heritage surrounds to meet its aims.
Press Statement issued following the Stadium for Bath consultation
The Friends was formed in 1993 to lobby for the restoration of the property to the charitable use for which it was gifted by Captain Forester in 1922 and in accordance with the terms of its 1956 Conveyance to the Mayor, Aldermen and Citizens of Bath ‘to be held in trust for use as a public open space for recreation forever with no commercial development prejudicially affecting adjoining premises or the neighbourhood. The Council to be Trustee’. This status confirmed by the High Court Judgement of 2002.
The Rec’s ongoing maintenance is assured by adequate income from leases to the Leisure Centre and Car Park, secured by the Appellants in the First-tier Charity Tribunal in 2014. In addition, backdated dues were secured from B&NES Council relating to years of retained car parking charges paid as ‘work in kind’ to refurbish the Rec and restore the Cricket Pavilion.
In October 2016 the independent Trustees Appeal to the First-tier Charity Tribunal confirmed their powers as Trustees but Friends are advised this did not overturn the High Court Judgement 2002.
The Friends has objected to each application for extension of the West Stand, for the annual application for enlargement of the temporary East Stand, and to B&NES Council 2017 rezoning the whole Rec for development. All objections overruled by B&NES Council’s planning procedures.
In response to Bath Rugby’s exhibition ‘Stadium for Bath’ 24th/27th July 2018, Friends of the Rec Bath issued the following Statement:
Comments made are personal views WITHOUT PREJUDICE
The Friends will continue to resist the ambitions of Bath Recreation Limited for development of the Rec for the following reasons:
1
Trustees for Bath Recreation Ground charity 1094519 have yet to show that the 2002 High Court Order together with its restrictive covenants is unenforceable. Whilst the 2016 Order Scheme para 2.3a permits the Trustees to exercise the powers of absolute owner, such powers given are not for personal or corporate gain but in the interests of the charity as defined in para 2.1 of that Order.
B&NES Council’s rezoning of the site for building, notwithstanding the Inspectors report on the Placemaking Plan, may yet be open to Judicial Inquiry or in the event of a consent to ‘call-in’.
2
A stadium of much more than 5/6000 seats is a regional rather than a local facility with significant implications for both the Governing Terms of the charity and for the Local Plan. It is incumbent on the Local Planning Authority to assess the consequential infrastructure and publicly carried costs of each of four possible sites identified by the Friends for a stadium with formal benefit/cost analysis prior to making a decision.
3
RFU (Rugby Football Union) recommended dimensions for an 18000-seat stadium for premiership rugby are simply not available on the Rec with effect that only ten tiers of seats can be accommodated on north and south axis stands, requiring 32 tiers east and west. The resulting east-west height together with its roof structure of 26m, almost twice the height of the Holburne, would ruin the iconic views and sightlines and is simply not acceptable at the core of our World Heritage City, potentially putting its status in jeopardy.
4
To create an ‘active riverside’ it is proposed to move the whole structure some 12m to the east with effect that a much-widened stadium would occupy almost 75% of the remaining Rec, a move which allows private enrichment from this charitable asset and encourages non-charitable activity whilst hugely reducing Bath citizens access to this public open space in the centre of Bath. Much trumpeted green views from Sham Castle and parts of the Skyline Walk would disappear. The proposed facade to the riverside would visually overpower the impact of Pulteney Bridge, an iconic national heritage feature which attracts many to Bath and have a devastating impact on the setting of Parade Gardens, Orange grove, Johnstone Street and North Parade Road. Open access from the Rec to the riverside must be restored making a positive contribution to the setting of all local historical assets.
5
The response to requirements to accommodate floodwater over the site is to build the new pitch over the top of a car park for 800 vehicles, a proposal which contradicts Council’s liability to reduce pollution in the city centre and has significant implications for adjacent road congestion affecting connectivity (ref 2 above). The Friends believe that the Avon passing through the city, together with the Recreation Ground, provides a significant pollution sump for Pulteney Road, North Parade and Bog Island. The Friends object to any compromising of the flood plain.
6
The proposal for major retail floorspace beneath a future west stand threatens an already beleaguered retail and hospitality sector in the City and contradicts the Core Plan Inquiry Inspector’s requirement that retailing be contained within the red line then set, with no commercial activity on the Rec. Control of much of the town centre would pass to the Owners of Bath Rugby which Friends consider irresponsible.
7
Since the 2016 1st Tier Tribunal did not overturn the 2002 High Court Decision, the Friends are advised that a consent for the development proposal exhibited 24/27 July would indicate collusion between the Applicant, the Trustees and the Council to benefit from a charity asset. Individual Trustees since 2002, with knowledge of the High Court Judgement, are unlikely to be indemnified by Insurers for gross negligence. The electorate has every right to expect Councillors and Trustees to be of unimpeachable integrity and their Planners to be impartial and professional, even at risk to their own appointments. Absolute transparency in the decision chain is yet to be demonstrated.
8
The Friends believe the charitable purposes of the property Conveyance are as valid as when agreed in 1956 with B&NES Council as Trustee for these terms. The Friends will continue to fight for the charitable purpose and spirit of Captain Foresters gift and restoration of the Bath Recreation Ground as a public open space facility for all citizens of Bath. Aims which councillors, the executive and all trustees are obliged to deliver.
Friends of the Rec, Bath
31 August 2018