Fence around school playing fields still up despite public right of way

A controversial fence around school playing fields is still up despite a recent decision to ensure public access.

Cotham High School will now stop using Stoke Lodge playing fields for PE lessons this year but has so far not removed the fence it put up four years ago.

Earlier this summer locals won a five-year battle to get Bristol City Council to register the fields as a “town or village green”, legally keeping it open to the public. The fields had been used by the school since 2011, but were fenced off in 2019 due to safety concerns.

Now campaigners say Cotham must remove its fence, and are calling on the council to force the school to do so, as they claim it’s a public nuisance.

Meanwhile the school appears to be preparing to legally challenge the decision to register the fields as a village green.

Last year, a covert CCTV camera installed by the school angered local residents and was deemed unlawful – photo: Martin Booth

In June, councillors on the public rights of way and greens committee voted to register the fields as a green, and this was formally signed off in August. The same committee told campaigners on Monday, September 11, that the issue was now “out of their hands”.

Speaking to the committee, Helen Powell, from the We Love Stoke Lodge campaign, said: “We are delighted that Stoke Lodge is now registered as a village green, which has been the cause of much celebration.

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Read more: School must share playing field with community after decades-long row

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“But Cotham School has said it doesn’t intend to remove its fence, even though that’s now unlawful as a result of registration.

“So the issue now is around enforcement. I’m sure we would all prefer that this doesn’t end up in prosecution, but the clock is ticking if that is the end result that is required. So we’re raising it today to make sure it doesn’t just get kicked into the long grass.”

In theory the new registration should prevent anybody from enclosing part of the fields or putting a structure on it that interrupts their use.

But the school could apply to a judge to review that decision, which might mean the fence staying up until a judicial review has finished, a process which could take many months.

Green councillor Tessa Fitzjohn, chair of the committee, said: “The news which is kind of good and bad is that it’s now out of the hands of this committee, our role at the moment has really finished.

“The commons registration authority has said that at the moment they will take a look at some point in the future about the situation with the fence, but at the moment we’re in the hands of the judicial review.”

Cotham School was asked to comment about the fence and their plans for a judicial review. In a letter seen by the Local Democracy Reporting Service, the school said it would “seek redress for this unfathomable position”, and would instead use Shine Sports Ground in Horfield for its PE lessons.

The letter said: “Not only is this a crushing disappointment to the school but more importantly it means that members of the public now have full and unfettered access to the playing field, including when our students would be taking part in their PE lessons.

“We deem this to present an unacceptable level of risk to our students and staff, and so it is with a heavy heart that we will temporarily halt using the playing field this academic year while we seek redress for this unfathomable position.”

Part of the fence was reportedly destroyed this week after a large tree branch fell down onto a section.

Alex Seabrook is a local democracy reporter for Bristol.

Main photo: Martin Booth

Read next:

• Stand off at Stoke Lodge
• Covert CCTV at school playing fields deemed unlawful
• Opening of ‘much-needed’ secondary school delayed

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