Allotment holders in Huddersfield who are embroiled in a battle to save their plots are to apply for a judicial review.

It follows a decision by Kirklees Council to appropriate allotments, at Cemetery Road in Birkby, for educational use. The land will be used to create playing fields for a new primary school.

Debby Fulgoni and Jonathan Adamson from the Friends of Cemetery Road went before the council’s powerful Cabinet committee last week to press their case.

But in a bruising encounter with councillors they were told their concerns had been overridden by need and a detailed report by officers, which said no alternative spaces were available.

The Friends’ solicitor has now filed a pre-action letter with Kirklees Council advising the authority of the group’s intention to go to judicial review.

Cemetery Road Allotments, Birkby.
Cemetery Road Allotments, Birkby.

“We are down but not out,” said Mrs Fulgoni.

“We are definitely bruised and disappointed by the council’s response but we still intend to keep fighting this.”

She described the experience of speaking at the meeting as “horrendous” and that senior councillors’ behaviour left a lot to be desired.

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“It was insulting and belittling. I came out of there feeling bullied. It was very painful. I wasn’t expecting it to be so harsh.

“In our opinion we still have not been heard. We were shut down at every point.

“We have issues with the report that Cabinet members received. We feel that it’s inaccurate.

Debby Fulgoni and Isaac Romain , plot holders on the Cemetery Road Allotments, which are under threat from building proposals
Debby Fulgoni and Isaac Romain , plot holders on the Cemetery Road Allotments, which are under threat from building proposals

“We’ve had one meeting with the council and were promised a follow-up to discuss alternative plans. That has never happened.

“We have had no reply. Months have gone by. It’s undemocratic.”

“I think they want to ignore us and hope that we’ll go away.”

The group appealed to Huddersfield MP Barry Sheerman for his support but claim he has received similar short shrift.

“Mr Sheerman pushed for a meeting with Greenhead College, which owns land that could be used instead of the allotments. He sent plans to the chief executive who in turn passed them to another officer.

“We have had no reply. Months have gone by. It’s undemocratic.”

Cabinet members at the meeting said they were content that an officers’ report was accurate and had looked fairly at the various options.

Clr Graham Turner said: “I am assured by officers that the college is not prepared to sell that land.”

Describing replacement allotments earmarked for tenants, he added: “We have created a better facility. We have invested heavily.”

Campaigners dispute the council’s view that the allotments hold a temporary status. Instead they say evidence exists to show that they were appropriated in the mid-1930s and have been permanent since the 1940s.

In a strong attack on the council Mr Adamson said: “In my opinion, by failing to acknowledge the appropriation of Cemetery Road Allotments in 1935 the council is, by subterfuge, seeking to extinguish fundamental community rights.”