Save Highbury Fields Action!

by Michael Kuhn

Save Highbury Fields Action!

by Michael Kuhn
Michael Kuhn
Case Owner
The SaveHighburyFields campaign group was set up to protect Islington's invaluable green spaces - less than 5% of the borough - from barbecue pollution, health and environmental damage.
Funded
on 21st September 2017
£38,592
pledged of £50,000 stretch target from 117 pledges
Michael Kuhn
Case Owner
The SaveHighburyFields campaign group was set up to protect Islington's invaluable green spaces - less than 5% of the borough - from barbecue pollution, health and environmental damage.

Latest: July 6, 2018

The Council offered a settlement

Shortly before the trial was to take place this week at Highbury Corner Magistrates’ Court,  Islington Council offered to settle the statutory nuisance case. After protracted, difficult an…

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We are a group of residents who are affected by the degradation of Highbury Fields, and who are deterred from using this invaluable green oasis because of the many barbecues that take place. Many of us have lived here for years, some for over thirty years, and have noticed a marked deterioration over the last six years since the ban was lifted in 2011.  Some of us suffer from health issues related to the pollution caused by the heavy smoke and fumes, which can blow way beyond the confines of the fields itself.  (These relate to the release of fumes and dangerous particles called PM2.5, which is hazardous to the lung, as it enters deep inside). The grass gets destroyed, and there have been many fires. Pets and animals are endangered with the debris left behind. Rubbish has been problematic. Anti-social behaviour has deteriorated - this includes drunken and aggressive behaviour, loud noise and music, urinating in the fields and surrounds, moped/bike gangs, increase in traffic and drug-dealing.  In addition, the Fields have now become the barbecue destination by people from all over London (as most Councils don't allow unrestricted barbecues). Professional caterers have now stepped in with their mega-barbecues.

Despite the support of over 1000 people, hundreds of complaints to the Council, and years of campaigning and strong support from the Highbury Fields Association , the Council have refused to stop or restrict barbecues on Highbury Fields. Evidence has been given to the Council that there is a serious deterioration in air quality when barbecues take place, and yet the Council are insistent that this does not breach current annual guidelines, and therefore there is no need to change their policy. The pollution affects not only the many residents who live in close proximity, but also the users themselves. Furthermore, the amount of pollution from barbecue smoke is worse when compared to that from a major traffic route.   These evidence and the extra pollution burden as a consequence of barbecues - when cleaner air is what we should all be aiming for - have been ignored by the Council. 

Regrettably, we feel that it is now necessary to take legal action. We have retained  lawyers experienced in this field who have advised us that there is a case for statutory nuisance in the magistrates' court (Environmental Protection Act 1990 - Sec 79). We have been reassured that by going down this route and should we lose, we would not be liable for the council's legal costs.

We would ask for your kind support in order to help us proceed down this legal path.  We strongly believe that by taking this route, we can now get the Council to act.


 

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Update 8

Michael Kuhn

July 6, 2018

The Council offered a settlement

Shortly before the trial was to take place this week at Highbury Corner Magistrates’ Court,  Islington Council offered to settle the statutory nuisance case. After protracted, difficult and hard negotiations by our lawyers, we were strongly advised to accept the settlement. These are:

1) A dedicated barbecue area adjacent to Queen’s Walk, and nowhere else on  Highbury Fields

2) No barbecues after 9pm 

3) The Council will carry out a consultation on a new bye-law to designate the permitted area and timings in the following months. 


4) As part of the settlement, the Council has agreed to make a substantial contribution to the costs incurred by the residents bringing the claim. The terms of the settlement does not allow the claimants to reveal how much this is. 

The Council will continue to endeavour to move barbecue users into the permitted area, until the bye-law is in place, which the Council intends to do so by May  2019. 


Sadly, it needed a court case for the Council to retreat from its entrenched position, which has been the case for the last seven years. We  hope that further steps will be taken to allow a more constructive dialogue about shared use of this precious green space in the future, in the context of Islington Council’s stated commitment to clean air and public health. 


Thank you so much to everyone for your kind and generous support throughout this campaign which mattered hugely, and which has enabled us to  reach this sensible agreement with Islington Council. 

SaveHighburyFields Campaign 

Update 7

Michael Kuhn

Dec. 26, 2017

Court proceedings have started

Dear Supporters,

We hope you are all enjoying the festivities. 

Just to let you know that Islington Council have pleaded not guilty to causing a statutory nuisance from barbecues in Highbury Fields. 

This means that we will go to trial in the New Year - the date has not been fixed as yet. We are currently preparing the case with the help of our expert legal team. 

As ever, we are very grateful for your unending support. 

We wish you the very best for 2018. 

SaveHighburyFields Campaign





Update 6

Michael Kuhn

Nov. 28, 2017

Action Stations!

Dear Supporters,

The summons has at last been issued to Islington Council to attend court to respond to the accusation that statutory nuisance from barbecues has taken place.   We are acting as prosecutors in this criminal case!!!

Exciting times are ahead. We are grateful for your continuing support in this long-standing and frustrating case - thank you.

We are continuing to raise money to fight our cause, which we strongly belief in. So if you could spread the word further by posting the link,  that would be fantastic. 

Warmest Regards,

SaveHighburyFields Campaign




Update 5

Michael Kuhn

Oct. 28, 2017

Statutory nuisance complaint

Dear Everyone,

Proceedings for statutory nuisance have started at Highbury Corner Magistrates’ Court. The Council has taken the view that statutory nuisance has not taken place.

The next step will be the issuing of the summons;  we do know as yet when this will be.  We will keep you informed. 

In the meantime,  it would be great if you could persuade five friends who might wish to help us by e-mailing them to see if they might like to contribute. Even the smallest amount means a lot.  Thank you again for your great support.

As a reminder of how bad the smoke can be, the picture above was taken next to the walkway adjacent to Highbury Place. 

Best Wishes,

SaveHighburyFields Campaign 





Update 4

Michael Kuhn

Sept. 24, 2017

Our Petition delivered to Islington Council

Dear Supporters,

We delivered our 1200+ petition to the Full Council Meeting last Thursday. 

We were offered a post-petition follow-up meeting with Cllr Richard Watts, the Leader of Islington Council, but the arrangement was cancelled soon after, purportedly because a summons was 'imminent'. But we have not, to date, started formal legal proceedings in the Magistrates Court. 

We are disappointed not to have been given the chance to try to work with Cllr Watts towards some kind of a compromise.

For a newspaper article about the council meeting, please take a look at:
http://www.islingtongazette.co.uk/news/politics/richard-watts-on-highbury-fields-barbecue-row-legal-action-against-islington-council-means-i-can-t-talk-about-it-1-5205705

The same newspaper's online poll (today at 763 respondents) continues to  show that 75% object to barbecues on Highbury Fields. 

Another piece of good news -  the respected and influential Highbury Fields Association - are now fully behind our campaign and legal action. 

We are also pleased supporters have taken to Twitter (@SHighburyFields) to voice their support (albeit that we also have  dissenters!). We are particularly pleased to have gained the support of Simon Birkett, of the CleanAir campaign. 

The last piece of good news is that our crowdfunding has surpassed it's target well ahead of the deadline!   We have automatically been channelled into a stretch target, and have already raised a fifth of this. 

The not-so-good news is that, having unfortunately lost the chance of a possible compromise with the Leader of the Council, we now need to push on further with the legal process. 

We have had a tremendous response from all our supporters - thank you for all your encouragement and support, for which we are very grateful. Your contributions, whether big or small, matter a great deal to us.

Best Wishes,

From the SaveHighburyFields campaign









Update 3

Michael Kuhn

Sept. 17, 2017

We have almost reached our target!

Dear Supporters,

We are very grateful to all of our many backers who have supported us on this long journey to return Highbury Fields to a haven of clean air. 

We have raised over 90% of our target in a little over two weeks, and have just £520 to go! 

The Islington Gazette has run a simple poll, which currently shows that 3/4 do not want barbecues to take place in Highbury Fields. Our petition has over 1200 signatories - read some of the interesting (and touching) comments on https://you.38degrees.org.uk/petitions/save-highbury-fields

Please also take a look at this article in the Evening Standard: https://www.standard.co.uk/news/london/protest-group-taking-council-to-court-in-longrunning-dispute-over-use-of-barbecues-on-popular-north-a3636256.html?amp

Our lawyer is preparing the 'laying of the complaint' ; there is a lot of work to do to prepare the case. We will keep you informed with its progress.

In the meantime, a BIG thank you to all of you.

Best Wishes,

SaveHighburyFields campaign







Update 2

Michael Kuhn

Sept. 11, 2017

Update on legal proceedings

Dear Supporters,

Islington Council has been issued with a Sec 82 notice (Environmental Protection Act 1990) to abate the nuisance within 21 days, which has now expired.  Residents still complain of smoke (and other) nuisances. 

The Council does not consider that statutory nuisance has taken place from barbecues in Highbury Fields. 

Our lawyer offered the Council an opportunity to compromise in some way, to no avail. 

So, unfortunately (and sadly), we will need to press on with our legal case.  The next step will be to 'lay a complaint' in the magistrates' court.

We will keep you posted. In the meantime, another big thank you for your contributions and kind support.

SaveHighburyFields campaign. 




 





Update 1

Michael Kuhn

Sept. 7, 2017

We've raised 75% of our target!

Dear Supporters,

We are grateful for the tremendous support you have given us - thank you very much. 

We are pleased that after just one week, we have reached 75% of our target! 

Best Wishes,

SaveHighburyFields campaign 




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