TAXPAYERS could end up footing the bill for both sides if Durham Police makes a legal challenge to the county council’s decision to give Bede Kirk village green status.
Durham County Council’s highways committee members went against officers’ advice when they supported the Barnard Castle Town Council-backed campaign to protect the area from housing development.
The Bede Kirk green, along with the adjacent former police station, falls under the ownership of Durham Police and Crime Commissioner Ron Hogg. He had agreed the sale of the entire area with Railway Housing Association, a Darlington-based charity, to build accommodation for older people.
Both Mr Hogg and chief constable Mike Barton said they were contemplating an appeal against the Bede Kirk decision. In a further statement made this week, Mr Hogg said he respects the decision.
The Mercury understands the door to a legal challenge is not completely closed – although it is now less likely.
At their annual meeting last week town councillors asked what form any legal challenge could take. Town clerk Michael King King said an appeal could not be made against the actual decision of the highways committee, but one could be lodged challenging the basis on how that decision was reached.
It was pointed out that should an appeal be lodged, it would result in County Durham’s taxpayers funding both sides – the police and the county council. Town mayor Cllr Sandra Moorhouse said: “Let’s hope they are not stupid enough to do that.”
Following the highways committee decision, Mr Hogg said he would also be considering alternative options for the site of the former police station.
“The question of what happens next to the green was raised at the annual meeting of Barnard Castle Town Council. Mr King said: “There is an opportunity, should the council wish, for me to right on behalf of the town council to Mr Hogg to discuss future management of the area.”
Cllr Ian Kirkbride added: “We do need some clarity on its management.”
Councillors were told that under current arrangements, the police had subcontracted grass cutting arrangements for Bede Kirk to Durham County Council.
Cllr Judi Sutherland said: “Whatever we do is going to upset the police and crime commissioner.”
But she added that the council did have to ask about Mr Hogg’s future intentions regarding the ownership of the green. Cllr Moorhouse said: “We should make ourselves available to look after it.” Discussing the successful campaign to preserve the green, Cllr Moorhouse said all involved should be congratulated for “sticking with it” .
She added: “They did well to keep it going.”
Mr King said he had been stopped in the street by quite a few people wishing to pass on their congratulations.
Cllr Richard Child said the quality of the presentations and arguments put forward had been a “great effort” , while Mr King said the decision of the highways committee to visit Bede Kirk prior to holding the meeting in Barnard Castle had been “a very important component” .
