A HOUSING developer blocked from building on a Birkby beauty spot will take the case to the Supreme Court.

The move comes after a High Court decision allowed Clayton Fields to be re-registered as a village green in March – to safeguard it from development.

But housing developer Paddico (267 Ltd) has now been granted permission for the case to be heard before the Supreme Court – the final court of appeal in the UK.

Paddico lost the lengthy legal battle at the High Court in March, to allow it to build houses at Clayton Fields.

Edgerton resident and retired teacher Jonathan Adamson took on the Clayton Fields case last year after he secured legal aid to fund a legal team.

Clayton Fields Action Group, led by residents Mike Hardy and Bill Magee, bowed out of the legal challenge which was subsequently pursued by Mr Adamson.

Mr Adamson told the Examiner: “Paddico were granted leave to appeal by the Supreme Court.

“I will be continuing with the case but this time as the appellant.

“The legal team have advised me the case won’t be heard until late next year.

“Paddico also asked for the fencing to remain but the site can still be accessed.”

He said it is envisaged the case will be heard alongside a number of other similar disputes over ‘village green’ sites.

Paddico (267) Ltd believes a lack of housing in the area and the registering of the land for housing by Kirklees Council Unitary Development Plan means the village green status – which has prevented development – should never have been allowed.

The Supreme Court will now determine whether to overturn the High Court ruling that it is ‘in the interest of justice’ for village green status to be reinstated.

The battle between the developer and campaigners has been ongoing for more than a decade. The site which runs between Halifax Road and Birkby was granted planning permission for 55 houses in 1967.

Some 30 years later the landowner sought to update the existing planning consent with a revised scheme of around 77 dwellings to more modern standards.

Clayton Fields Action Group logged for the site to be protected as a village green by Kirklees Council which was granted in 1997.

Paddico 267 (Ltd) challenged Clayton Fields Action Group at the High Court in May 2011 and Justice Vos ruled that Kirklees Council had made an error in law and were wrong to register the land and revoked village green status.

Green Status was removed.

The developer says they were advised to then fence off the land to prevent public access but acknowledges this created problems and local tension.

Clayton Fields Action Group did not qualify for legal aid (at the tax payers expense).

Jonathan Adamson applied for both legal aid and leave to appeal from the Court of Appeal (the latest proceedings).

Two of the three High Court Judges found in favour of Clayton Fields that in the interest of justice the lapse in time, some 13 years, was too long.

But legally there is no time limit contained in statute in which to bring a claim in this regard and Paddico has now been granted leave to appeal to the Supreme Court.

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