By Harry Mottram: Cllr Joanna Wright of the council’s opposition Green Group has made no secret of her opposition to the new plans to build a stadium on the Rec to replace the existing rugby one. Here in an open letter she outlines her objections:
Dear Cllr Kevin Guy, Leader of B&NES Council
The present Planning Application 23/03558/EFUL for a new permanent Stadium on Bath Recreation Ground, is a decision that will have a massive impact on the heart of a city with a double inscribed UNESCO World Heritage Site status.
Due to the recent decision by Widcombe and Lyncombe Ward Councillor, Deborah Collins, to resign from her elected role, I ask that you ensure that the current diary date, 17th September 2025, to determine the outcome of this application, is postponed.
Bathwick and Widcombe and Lyncombe Ward residents will be significantly impacted by this planning application, and it is therefore a material issue in any forthcoming by-election campaign. This must be a transparent process that is held in full public view as it is such an important and monumental decision for the residents of B&NES.
You are fully up to date with the history of the Recreation Ground site, which was conveyed to the Mayor, Aldermen and citizens of Bath in 1956 with strict covenants attached to preserving it as a green space for the community to enjoy for recreation. The terms of the Conveyance state it is not just for one particular sport, and certainly not professional sport. The Recreation Ground was a publicly-owned site with a clear mandate to be a green space for all amateur sporting activities.
See https://www.friendsofbathrec.org/legal-history
This agreement was signed under seal and it would appear that the only way to repeal it after many decades would be through Parliament. The Council, as I understand it, has never asked for this agreement to be repealed. Various Trusts and Ltd Companies have been set up to manage the site since the 2002 High Court decision.
This has created a complex legal web that has led to the current position where beneficiaries do not understand the status of the Recreation Ground, do not know how to access the site, and have no decision-making powers in deciding what happens to it. They can not even get clear information from the Trust that currently runs it.
In 2002, Judge Hart said the Recreation Ground was not part of the Council estate and must be managed as a separate entity and run as a charity. Bath Recreation Charity was then set up to manage the site. Subsequently Bath Recreation Charity then set up a further private company called Bath Recreation Trust Ltd with a board of Trustees as Directors to run it.
B&NES Council issued a lease to Bath Rugby to host professional rugby at the Recreation Ground. This appears to be in direct opposition to the 1956 agreement, because that agreement stated that the use would not favour any particular sport, club or body and would only be for amateur sport. The Lessee (owner) of Bath Rugby is currently Bruce Craig who controls it through the offshore company Arena 1865.
In 2014 B&NES Council made a policy in their Core Strategy 1B (8) B, and Placemaking Plan – Policy SB2, which says that the Council is content to have a stadium on the Recreation Ground subject to the resolution of the unique legal issues which relate to the 1956 agreement. The complex legal framework set up by B&NES over decades appears to fail to deal with the primary situation that the Council finds itself in, namely that under the 1956 covenant it is still responsible to ensure that this green site is preserved for the community to enjoy for recreation, not just for one particular sport, and certainly not professional sport.
Can you confirm that all these unique legal issues have now been resolved?
As this is a very complicated and challenging situation, there is a clear need for this local authority, under your leadership, to provide full and public transparency at a moment when a significant building that will impact the heart of a heritage city for generations is possibly about to be given consent. It would seem imperative that B&NES residents fully understand the situation in order to feel confident that the Council complies with the complicated legality of the issues.
You know the seriousness of avoiding conflicts of interests in planning matters, so can you please confirm that Cllr Tim Ball, Cllr Paul Crossley, Cllr Tim Warren, Cllr Toby Simon and Cllr Deborah Collins will be unable to take any part in the decision-making process in relation to this application.
Cllr Tim Ball was on the Board of Trustees of the Recreation Ground in 2013 and held this post for some years. Any councillors involved were seriously criticised by a Judge in a 2014 Appeal for being “mis managers of the Recreation Ground Trust”. It would seem fair that any councillor involved over the years with these matters should be seen as having a conflict of interest in the present planning application for the proposed stadium.
Records show that Cllr Paul Crossley and Cllr Tim Warren have both received generous support from Bath Rugby in the past. Cllr Toby Simon and Cllr Deborah Collins, both presently on the planning committee, also represent the wards of Bathwick and Widcombe and Lyncombe respectively, and therefore due to impartiality rules in relation to planning should not take any part in this decision-making process.
Will you confirm that these five councillors will not take part in the planning decision making process?
Previous councils committed to keeping the Recreation Ground open for all. It would be useful to have a clear timeline from the Council of their involvement in this complex legal framework, and the legal hurdles that they would have to overcome before any building is permanently erected on this green field site.
I look forward to receiving that information prior to the relevant Planning Committee meeting on the proposed stadium.
Best wishes
Cllr Joanna Wright
Group Leader, BathNES Green Group
Bath Voice Monthly Newspaper is distributed free to thousands of homes and some supermarkets – distributed from the first of the month. Harry Mottram is the News Editor
Email him at news@bathvoice.co.uk Bath website: https://bathvoice.co.uk/news/
Bath Facebook: https://tinyurl.com/bdtf2kep Also on Twitter: https://twitter.com/bath_voice Read the newspaper online at :https://issuu.com/bathvoice
To advertise to thousands of Bathonians call Shaun on 07540 383870 or email him on sales@bathvoice.co.uk
Harry Mottram is a freelance journalist. Follow him on Facebook, LinkedIn, Twitter, Instagram, YouTube, Pinterest, Telegram, TikTok and Email:harryfmottram@gmail.com
Website: www.harrymottram.co.uk