The Full Story

In 1982 the restoration of the Medieval Hall and the creation of its Courtyard Garden were completed by Stroud Preservation Trust (SPT). Julian Usborne, a founding Director of STP and project manager of this scheme, says that there was never any question in his mind that the garden was conceived and laid out as a publicly usable space.

Shoppers, visitors and those who live or work at the top of town have used the garden recreationally ever since. This use has never been resisted or challenged by SPT. However in May 2014 a planning application was made by SPT’s tenant to enclose the garden with a 5’ tall rendered breeze block wall.

Immediate public objection led to the application being withdrawn. However, SPT now say they will be unable to resist future proposals for its enclosure because they did not ‘minute any decisions in favour of a permanent open space’.

SPT go on to say that they ‘have been advised legally that it would be considered “perverse” in legal terms to try to impose any conditions on him [the tenant]’. Essentially, it appears they are counselled that they cannot retrospectively recognise the garden as a public space, without fear of legal challenge from their tenant.

The result of this legal advice is that this garden, commonly regarded by those who have used and enjoyed it for more than 30 years as a public space, could be lost at any time.

Given the constraint that SPT now finds itself under, we feel that there is only one way open to ensure its preservation as an open space, and that is to register it as a Town Green.

Stella Parkes recently met with the chair of SPT and reports that the trust appears to accept that we will press on to registration and we are hopeful that neither they nor their tenant will resist it.

Please contact Mike Goodenough if you require further information about the backstory. 

14.02.15.