Dear Blogger
Message from David Spicer, Doctor`s Meadow
Outcome of Formal Complaints Concerning Bridge Inn Field made to Shropshire Council by Ruyton XI Towns Community Action Group on behalf of Local Residents
Bridge Inn Field adjacent to Platt Bridge. is made up of an area in Ruyton XI Towns and Baschurch which was dedicated as a Field in Trust in 2012 and a smaller Plot retained by the developer on the completion of the houses in the Quillets and Peverey Close in 2008.
Thereafter, the Plot has been continuously maintained and managed with all costs met by Shropshire Council, who also owns and manages the Field in Trust.
In August 2022, residents were alarmed at the possible impact on the open meadow field when the Liquidator acting in the bankruptcy of the Developer offered the Plot for sale by auction.
The Parish Council decided that the Plot should be dedicated as a Field in Trust "like the rest of the field as it needs to be protected for the community benefit, and access to the drain infrastructure also needs to be protected." (See Minutes of Ruyton XI Towns Parish Council Meeting held on 6 September 2022).
The then Chair of RXIT Parish Council corresponded with the Liquidator asserting that the Plot was owned by Shropshire Council by adverse possession and the Plot was immediately withdrawn from auction.
Copies of correspondence and reports were made regularly to the Parish Council as the Chair continued to negotiate until September 2023 when he resigned from the Council. Thereafter he asked and authorised by Shropshire Council to continue to negotiate on its behalf to try and avoid costs of formal processes.
It was argued that Shropshire Council owned the Plot by reason of adverse possession and after research also entitled to ownership by reason of a Planning Inspector's condition and a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 by the Developer that on the completion of the development it should be transferred for £1 to Oswestry Borough Council, whose duties and powers were acquired by Shropshire Council in 2009.
There has been no attempt since 2022 to sell the Plot by auction or to argue against these assertions.
In February 2024, the Parish Council applied for 40 and acquired 15 trees from Tree Officers and despite objections from local residents planted them on the Plot and the Field in Trust.
Concerned residents asked for help and Ruyton XI Towns Community Action Group corresponded with the Estates Office and the Executive Director: Place for Shropshire Council.
Documents disclosed by Shropshire Council in response to a Freedom of Information Request show that conditions when the trees were supplied requiring that permission of the landowner must be obtained and utilities checks carried out were not complied with. The location in which the trees were planted was different to that represented in the application for the trees.
Eight emails were sent to the Estates Office. No response was received. Six emails were sent to the Executive Director: Place. Inadequate, delayed and misleading responses were received that showed lack of respect and ignored issues and questions about Shropshire Council's decision making and the exercise of its powers and duties in relation to Bridge Inn Field.
On 29 July 2024, Formal Complaints were sent to the Chief Executive, the Leader and the Executive Director: Place of Shropshire Council.
The Chief Executive arranged for a senior officer to investigate. He agreed with everything set out in the Complaints and found that an apology was deserved and action required. The trees should not have been planted in either the Plot or the Field in Trust.
On 6 December 2024, the Executive Director: suddenly left the employment of Shropshire Council "by mutual agreement."
On 28 January 2025, an email was sent by the Chief Executive setting out an apology and notes of actions to be taken by Shropshire Council:
Firstly, I apologise on behalf of the Council for any confusion, delay, or contradiction in relation to the correspondence surrounding matters concerning Bridge Inn Field. We acknowledge and are thankful for the time and effort that you have made to assist both the Council and the local community.
Shropshire Council's policy is that the Field in Trust and the Plot of Land should in total be treated as a Field in Trust and managed solely "as a public playing field and recreation ground for physical education and the playing of sports and games," without trees.
The significant commitments set out in the email are:
1. Shropshire Council will "directly pursue the ownership of the small plot of land."
A handover of the information and documents concerning the claim will be made to a responsible named senior officer in Shropshire Council. He will be assisted so that action to confirm Shropshire Council's ownership can be taken as soon as possible.
2. Following "attaining the land", Shropshire Council will offer to "transfer it to the Parish Council" and "will ensure that in any conveyance to the Parish Council, a condition will be imposed requiring that the plot is treated as if it is part of the Field in Trust and subject to the same conditions. Therefore, requiring that it is managed "as a public playing field and recreation ground for physical education and the playing of sports and games.""
This will be enforced by Shropshire Council.
3. "If Shropshire Council at any time makes an agreement providing that the Parish Council will manage the Field in Trust, Shropshire Council will impose a condition that the Field in Trust is managed in accordance with the Deed of Dedication and Shropshire Council will in any event carry out the obligations in the Deed of Dedication."
4. Shropshire Council "will within 3 months erect the appropriate plaque on the Field in Trust land in line with the obligations of the dedication."
The plaque provided by the Fields in Trust Charity when Bridge Inn Field was dedicated as a Field in Trust in November 2012 was never erected.
In May 2024, Shropshire Council informed the Parish Council that the trees planted on the Field in Trust should be removed and the Parish Council decided in June 2024 that they would be removed "as soon as possible". These trees were removed on 1 February 2025.
Ruyton XI Towns Community Action Group - March 2025
David Spicer LLB
Barrister
07506868466
