Bristol's Downs are for people, not for cars!

by Downs for People

Bristol's Downs are for people, not for cars!

by Downs for People
Downs for People
Case Owner
Ordinary Bristolians standing up for our right to enjoy the Downs, against a secret parking deal we believe to be unlawful.
Funded
on 19th November 2020
£2,940
pledged of £12,000 stretch target from 72 pledges
Downs for People
Case Owner
Ordinary Bristolians standing up for our right to enjoy the Downs, against a secret parking deal we believe to be unlawful.

Latest: Aug. 23, 2021

The impact of our court case is spreading !

We are delighted that our court case is set to affect more than parking on the Downs. The Downs Committee has agreed to undertake a full strategic and governance review over the next year. In additio…

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Our Story

Bristol’s Downs are a cherished open space, intended by Act of Parliament to remain “for ever open and unenclosed for the resort and recreation of the citizens of Bristol”, as “from time immemorial “.

There have been objections for decades to grassland off Ladies Mile being used as a car park for Bristol Zoo on the best days of the year.  Previous decisions to allow parking were at least short term and taken at meetings open to the public.

But now, in secret and only revealed through a Freedom of Information Act request, the Merchant Venturer dominated Downs Committee has approved a licence for unlimited use for parking for twenty years.  Such a long permission contravenes the City Council’s planning policies as well as the Downs Act.   For reasons which are not clear, the Downs Committee did not grant a licence itself:  the Society of Merchant Venturers granted a licence to Bristol City Council, which granted a sub-licence to the Zoo.

Our costs

This is our last chance to keep this part of the Downs open for people to enjoy.  But this will cost money we don’t have.  We paid for a legal opinion, which confirmed we have a good case against the Downs Committee and Bristol City Council.  In August we lodged judicial review proceedings in the High Court and we are seeking funding to cover the next phase of the case.  Our initial target is £2000.  We will set a new fundraising target to cover future stages in the case once we have raised the initial £2000.

If the Court grants permission for the case to proceed, we will need much more, about £15,000 if we win and at least £40,000 if we were to lose. We have raised £9,500 so far, from the Open Spaces Society, the Bristol Civic Society and others

The Downs Committee and Bristol City Council seem determined to make the case as expensive as possible.  In October we had to lodge a costly disclosure application to obtain licences and other relevant information. This is not how parties in such cases are expected to behave, as the judge ordering disclosure commented.[1]

Call to action

We call on all those who love the Downs and who want to see them managed properly, for the benefit of all Bristolians, to help us.  The Downs should not be for rent to preferred bidders, the subject of secret deals behind closed doors.

 Please share this web-page and give us what you can – any contribution, however small, would be welcome.


 


 1] In an order dated 12 November 2020 by His Honour Judge Cotter QC, the Court ordered the Defendants to disclose information to the Claimant and the Court by 27 November, commenting;  ‘In my judgment it is somewhat surprising that ……..relevant copies of the licences, or indeed any detailed information as to how they came to be entered into, have not been provided. Put simply the Claimant and the Court do not currently have the full picture.’

   

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Update 6

Downs for People

Aug. 23, 2021

The impact of our court case is spreading !

We are delighted that our court case is set to affect more than parking on the Downs. The Downs Committee has agreed to undertake a full strategic and governance review over the next year. In addition, the Committee has commissioned a detailed report on our case, expected to be ready this month, which will inform the wider review. Less encouragingly, Bristol City Council has declined to provide information on the costs of the case in response to both a Freedom of Information request from a member of the public and an enquiry from a councillor. We will be pursuing this: we estimate that £350,000 has been spent in total. None of this would have been necessary if the Downs Committee had engaged with us, and most of the costs have fallen on council tax payers..

Meanwhile we have recovered most of our own costs from the defendants, Bristol City Council and the Downs Committee. Our legal fees were almost £68k. There was some disagreement about how VAT should be treated, so that we agreed to settle for £65k. We spent a further £600 on items such as legal documents, maps, postage and photocopying. Our shortfall has therefore been about £3,500, much the same as the amount raised through CrowdJustice.

Very many thanks for all your interest and support. They were invaluable in helping us reach such a successful conclusion.
Update 5

Downs for People

May 20, 2021

We did it! No more parking on the Downs for activities elsewhere!

We did it!   In future there will be no parking on land on the Downs for activities elsewhere.  The Hon Mr Justice Henshaw approved an out-of- court settlement on Wednesday 12 May. The agreement is in the form of a discontinuance order, so that legal action can be resumed if necessary.

The defendants – the Downs Committee and Bristol City Council - have given legally binding undertakings that they will never again set aside land on the Downs for parking for activities taking place elsewhere.  Nor will they make arrangements to allow people to park on the Zoo’s existing North car park to undertake such activities. (The North car park is outside the Zoo’s main entrance and part of the Downs). 

Further, the defendants have agreed to pay up to £72,000 towards our legal costs, more than twice as much as the maximum award if the case had gone to court.  This should more or less cover them.

 We are delighted with this successful end to our legal challenge. Thank you for your interest.

Update 4

Downs for People

April 27, 2021

We've got a court date!

Our court hearing has been fixed for 13 May in Bristol’s biggest courtroom.  Although the defendants (the Downs Committee and Bristol City Council) asked for the hearing to held remotely, His Honour Judge Cotter QC ordered:

“Given the principle of open justice, which is particularly important when local issues of widespread interest are concerned, it will proceed by way of hybrid hearing in Court 7 at the Bristol Civil Justice Centre (the largest court in the region so to allow some members of the public to attend whilst still maintaining social distancing) and Counsel and any other representative/party may attend remotely upon notification by email to the Court.”

We are delighted to have received £1,000 in donations in the last month.  We still face a shortfall of about £25,000 , even if we win.  More help would be welcome.  We want  to make it crystal clear that it is unlawful to turn the Downs into a giant car park for businesses elsewhere. It does not matter whether they are zoos or supermarkets,  as the judge observed earlier.

Update 3

Downs for People

March 29, 2021

We're going to court!

We are delighted that His Honour Judge Cotter QC has given permission for our case to proceed.  A court will examine our claim that the Downs Committee had no power to authorise licences for zoo car parking, because such parking is contrary to the terms of the 1861 Downs Act.  

 Our costs so far have been about £45,000.  To continue we could need another £30,000.  If we win, we may be awarded up to £35, 000, leaving a shortfall of £40,000.  We will need more if we lose. Organisations and individuals have so far given us £13,500, for which we are most grateful – we hope for more!   Please help make sure the Downs will never again be threatened by parking for unrelated purposes, interfering with enjoyment of the open space that is the birthright of Bristolians.

Update 2

Downs for People

Jan. 18, 2021

Case continuing despite planned Zoo closure.

Progress was interrupted by the announcement on 27 November that Bristol Zoo would be closing its Clifton site. The Court agreed to extend its timetable by four weeks to see if the case could be settled without a hearing. This has not proved possible: the defendants’ position remains as stated in their original response, namely that they do not accept that parking on the Downs is lawful only when related to activities on the Downs. The case is proceeding. We hope to be given permission next month to go to Court. We have used all the funds raised so far and hope for further generosity.

Update 1

Downs for People

Nov. 19, 2020

Initial target reached in three days - many thanks!

The £2000 raised will go towards the costs of a response to the documents the defendants have now disclosed, as required by the Court.

We have set a new target of £12,000. The additional £10,000 will help with our existing legal bills and those expected very soon.

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