CAMPAIGNERS have issued a call for thousands of residents to lodge fresh objections to a scheme which will see the carving up of a popular park to create a one-way road system near Barnsley town centre.
Barnsley Council - whose planning board awarded permission for the Dodworth Road gyratory before Christmas - found out last week that an action group’s bid for the application to be ‘called in’ by the government had been unsuccessful.
However, the local authority has a statutory obligation to consult with the public as its plan impacts Penny Pie Park, land which is currently designated as public open space, and a part of it will be lost.
Bosses will have to demonstrate the land is no longer required before another report is drawn up for ruling cabinet members to discuss, who will then decide its outcome.
The consultation opened this week and will run until March 22 - leading campaigners to issue a rallying call to anyone affected to show just how much opposition there continues to be.
Campaigner Peter Fielding told the Chronicle: “We’ve been contacting the 2,600-plus people who signed the petition and the others who also lodged written objections, of which there were 250 or so.
“Everyone is entitled to object again as the council has to prove that the land is no longer required before they proceed. Although in effect they are judge and jury, they still have to consider the objections again and can’t just ignore us.”
The action group say the council risks contradicting itself if it deems the land is no longer required, as Penny Pie Park has received £174,000 from the council since 2012/13 - the most of all of the town’s 48 parks.
Almost all of it has come from Section 106 funding - cash put aside for loss of amenity by developers - to compensate for the negative impact large housing developments have had on the area.
“If they come to the decision that the land is no longer required, it’ll be beyond me,” Peter added. “It’s had thousands spent on improving it so clearly the council think it’s a well-used, popular area otherwise they would not have allocated the funding.”
The council has conceded the scheme will have some negative impacts - such as increased noise levels and the effect on Penny Pie Park - but say it has selected it from an original shortlist which contained more than 35 options.
Campaigners believe other alternatives, such as improved public transport, should be where the £4.3m earmarked for the work is spent and are now seeking legal advice as to the viability of a judicial review.
Coun Hannah Kitching, who has campaigned against the development, added: “It’s important that the consultation is not just a box-ticking exercise and that those who live nearby have their say.
“It’s the council’s duty as they’re obliged to consult as it’s public space. We are bringing this opportunity to the attention of the residents who are interested in this case and will encourage them to take part in the consultation.”
A council spokesperson said objections will be analysed before cabinet members discuss the consultation’s findings in May, where a final decision will be made.
They added: “It is a legal requirement that the council designates the land on which the works are to be carried out for the relevant statutory purpose. which in this case is for highway purposes. This is known as ‘appropriation’.
“The appropriation process is a standard procedure, separate to the planning process that the council has to carry out. There is a legal requirement under the Local Government Act 1972 to issue a public notice and to consider any representations or objections.
“Anyone wanting to make an objection to the proposed appropriation should do so in writing to A.C Frosdick LLB, Dip LG, Solicitor BMBC Legal Services, PO Box 600, Barnsley, S70 9EZ, quoting reference CR/HT/401/01) by no later than March 22, giving full reasons for the objection.”
