Clayton Fields residents claim court victory

Aug 21 2009 By Neil Atkinson

IT was a true David and Goliath battle.

But a tiny group of Huddersfield residents believe they have won a battle against a mighty developer.

But the people fighting to save Clayton Fields, between Birkby and Edgerton, don’t want to celebrate just yet.

The High Court, this week, ruled in their favour to keep the area as a designated village green.

But developers, Paddico, could yet take their case to the Court of Appeal, hence the residents’ guarded joy at the court victory – at least for another 28 days.

Bill Magee, chairman of the Clayton Fields Action Group, fought the High Court case with fellow member David Bowen.

They successfully convinced the judge, Deputy Master Collaco Moraes, that the application to appeal against the Village Green status of the field, made by Paddico, the new owners of the field, should be rejected.

Paddico’s bid was supported by Prospect Estates, the proposed developers of the site.

Mr Magee said: “Paddico's legal representatives were DLA Piper, the sixth largest firm of solicitors in the world, and George Lawrence QC, one of the UK's leading counsel on Village Green legislation.

“Myself and David represented ourselves and Mike Hardy (secretary) who was unable to attend.

“In a court procedure that had so many twists and turns on legal arguments, the simple common sense approach of the Clayton Fields Action Group won the day.