The Executive Director (Development) submits a report to Cabinet which seeks approval to appropriate land (change the statutory basis on which it is held by the Council from one function to another) currently held for public open space purposes at Bertie Place Recreation Ground (the “Land”). This paper relates to the appropriation of part of Site A to a planning purpose for the objective of building affordable housing.

Cabinet is recommended to:

1.    Note that following the statutory public notification process of the Council’s intention to appropriate the Land to planning purposes, three written representations (including one signed by 97 people) were received in response to the public notice; and 

2.    Approve the appropriation of part of the land in the Council’s ownership at Bertie Place Recreation Ground Site A (see Image 1 for plan) (“the Land”), to planning purposes, so as to facilitate its future development for new housing (per planning application number 23/00988/FUL).

The Executive Director (Development) submitted a report to Cabinet which sought approval to appropriate land (change the statutory basis on which it is held by the Council from one function to another) currently held for public open space purposes at Bertie Place Recreation Ground (the “Land”). This paper relates to the appropriation of part of Site A to a planning purpose for the objective of building affordable housing.

Councillor Smith presented the report on this matter. She stated that this site has been earmarked for social housing for quite some time. Due to the housing crisis and cost of housing in Oxford, building homes such as those planned for Bertie Place is a dire need for the city. Councillor Smith stated that the housing costs in Oxford are a central reason why a quarter of the city’s children live below the poverty line. The social housing planned for Bertie Place will help to address Oxford’s housing crisis. Councillor Smith added that the proposal balances the need to engage with the local community while also addressing Oxford’s need for more social housing.

Dave Scholes, Affordable Housing Supply Corporate Lead, discussed the consultation that had been undertaken by the Council with the local community at Bertie Place. He stated that this consultation had helped to guide the choices they had made in this proposal, confirming that the land identified was no longer required by the Council for its current purpose, and noting the Equalities Impact Assessment undertaken at Appendix 2 to the report.

Councillor Hollingsworth asked about the area to be appropriated. He asked if the open space to be appropriated was to be replaced with space on site A and the open space on site B. He asked for clarity regarding exactly what is being appropriated. He also asked, for the benefit of the meeting, if the Wednesbury Rules of Unreasonableness could be explained.

The Affordable Housing Supply Corporate Lead responded that the land that they are proposing to appropriate can be found in the red line in paragraph five of the report. That is the land being proposed for housing development. Excluded from that is the new location for the playground, as that will be left as a recreation site.

Emma Jackman, Head of Law and Governance, explained that the Wednesbury Rules of Unreasonableness are a tool that is used in assessing applications for judicial review. The Wednesbury Rules of Unreasonableness can be implemented to demonstrate if a decision is so unreasonable that no rational person could have reached that decision. This is a high test for unreasonableness, above what is commonly used.

Councillor Hollingsworth added that the Wednesbury Rules of Unreasonableness test would show that no rational person could reasonably reach a decision. He stated that in terms of land appropriation, they have two new play areas being opened in new areas and that this decision does not meet the test of being so unreasonable that a rational person would not reach that decision. Councillor Hollingsworth argued that what would be unreasonable would be to accept the proposition brought by the objectors and to prevent housing on this site. He stated that on that basis, he would be supporting the recommendations.

Councillor Brown stated that there have been changes in the planned appropriation. For clarity, she asked the Affordable Housing Supply Corporate Lead to say why it is that the land they are seeking to appropriate was reduced following a consultation with the local community.

The Affordable Housing Supply Corporate Lead said that it is broadly because the intent was always to re-provide, in a smaller area, the playground, MUGA and green space in the proposed scheme. Following the consultation, the current proposal seeks to be clearer in the intent to maintain a recreation site, rather than appropriating all of the land and then re-appropriating part of the site back for recreation.

Cabinet agreed to:

1. Note that following the statutory public notification process of the Council’s intention to appropriate the Land to planning purposes, three written representations (including one signed by 97 people) were received in response to the public notice; and 
2. Approve the appropriation of part of the land in the Council’s ownership at Bertie Place Recreation Ground Site A (see Image 1 for plan) (“the Land”), to planning purposes, so as to facilitate its future development for new housing (per planning application number 23/00988/FUL).

The meeting was suspended as the Save Bertie Place campaign exited the session.