In 1982 the restoration of the Medieval Hall
and the
creation of its Courtyard
Garden
were completed by Stroud Preservation Trust (SPT). Julian Usborne, a founding
Director of STP and
project manager of this scheme, says that there was never any
question in his
mind that the garden was conceived and laid out as a publicly
usable space.
Shoppers, visitors and those who live or work
at the top of
town have used the garden recreationally ever since. This use
has never been
resisted or challenged by SPT. However in May 2014 a planning
application was
made by SPT’s tenant to enclose the garden with a 5’ tall
rendered breeze block
wall.
Immediate public objection led to the
application being
withdrawn. However, SPT now say they will be unable to resist
future proposals
for its enclosure because they did not ‘minute any decisions
in favour of a
permanent open space’.
SPT go on to say that they ‘have been advised legally that it would be considered
“perverse” in legal terms
to try to impose any conditions on him [the tenant]’.
Essentially, it
appears they are counselled that they cannot retrospectively
recognise the
garden as a public space, without fear of legal challenge from
their tenant.
The result of this legal advice is that this
garden,
commonly regarded by those who have used and enjoyed it for
more than 30 years as
a public space, could be lost at any time.
Given the constraint that SPT now finds
itself under, we
feel that there is only one way open to ensure its preservation
as an open
space, and that is to register it as a Town Green.
Stella Parkes recently met with the chair of SPT and reports
that the trust appears to accept that we will press on to registration and we
are hopeful that neither they nor their tenant will resist it.
Please contact Mike Goodenough if you require further information about the backstory.
14.02.15.
Please contact Mike Goodenough if you require further information about the backstory.
14.02.15.
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