Leeds City Council told to reconsider designating sports field a community asset

Leeds City Council has been forced to reconsider, for the second time, listing a sports field that it had earmarked for development as an asset of community value. A High Court judge today ruled in favour of a community group that has been campaigning to get TV Harrison Sports Ground in Wortley, Leeds, listed as an ACV. The group has been trying to get a listing for the field, which is used for football matches, community sports and fundraising events, since 2020. The council rejected the application in June 2020 but the community group challenged the decision and, in November 2020, the High Court told the council to reconsider the decision. However, in November 2020, the council again decided against designating the field as an ACV. According to the ruling, the council said the land has been allocated for housing in its local plan. Specifically, it argued that it was not “realistic” for the ground to continue to be used  for community sports because the council had “firm and settled plans” to develop the field for housing. Campaigners again challenged the decision and the case went to trial at the High Court last month. Giving ruling today, judge Mr Justice Lane again ordered the council to reconsider the decision, saying it had misunderstood the law by suggesting there could only be one “realistic” use of the land. “The correct approach to the ‘realistic to think’ test, as demonstrated in the decided cases, means that a landowner’s ‘clear and settled intention to proceed’ has to be weighed against other potentially competing considerations,” he said in his ruling. Michael Meadowcroft, the chair of the campaign group, said: “This is a very significant decision in the High Court.” “It means the city council has to reconsider its decision not to designate the historic TV Harrison Sports Ground as an asset of community value. If it is designated, it confers a number of vitally important rights, in particular the community would have the right to buy the ground in order to safeguard it.” Ricardo Gama, solicitor at law firm Leigh Day, which advised the campaign group, said local authorities should pay close attention to today’s ruling. “The judgment… provides important guidance on how the Localism Act could be interpreted in relation to future ACV decisions, which I hope will help other community groups that are fighting to keep areas of local importance from being redeveloped,” he said. TV Harrison CIC v Leeds City Council and Leeds School Sports Association Planning Court (Lane J) 25 Jan 2022