Council faces 'out-of-time' town green JR despite withdrawal of original claimant

Bristol City Council is facing a judicial review of its decision not to designate part of a potential development as a town green, despite the withdrawal of the original complainant from the case and the expiry of normal time limits to bring proceedings.

The High Court this week gave the go-ahead for a group of local residents to bring a judicial review against the council after protesters replaced the original lead complainant with another resident. The hearing, which was held ex parte, also allowed the action to proceed despite the usual time limit for bringing judicial review claims having expired.

The claim relates to the council's decision in 2011 not to grant town green status to an area of Ashton Vale which is earmarked for a new stadium for Bristol City Football Club.

A Bristol City Council spokesman said: "Clearly this astonishing turn of events is deeply frustrating. Our legal representatives were not invited to be present, or even made aware, that the courts were due to make this decision yesterday on a new judicial review by another anonymous person. We shall be seeking to reverse this decision in the strongest terms next week when it is reviewed by the courts."

Earlier in the week, the council had expressed its relief that the claim had been withdrawn, and published a letter from the claimant which said that he was discontinuing with the claim and did not permit anyone to replace him. The letter added: "I would like to express to the courts that my claim withdrawal is a result of wanting to see this city going forward, providing young people with employment opportunities for the greater good of many.”

However, at the High Court, lawyers for the protesters claimed that the original claimant has been “harassed” and that despite his substitution, the original claim still stood and was therefore within the time limits for judicial review proceedings.