A decision on protecting Turbo Island from development as a “village green” is expected to take at least six months. Bristol City Council could appoint an independent barrister to examine the evidence about whether to protect the infamous plot of land in Stokes Croft.
The corner of Stokes Croft and Jamaica Street has long been home to spontaneous raves and late night bonfires, splitting public opinion. Some say Turbo Island should be protected as a vital meeting place for the community, while others complain about frequent anti-social behaviour.
Last October, the advertising firm Wildstone sold Turbo Island to a mystery buyer for £100,000. Shortly before the sale, the council received an application to register the plot as a town or village green, which would prevent any future plans to build there.
But deciding whether to register Turbo Island as a village green will be a long and drawn out process, partly due to legal complexities. An update on the application was given to councillors on the public rights of way and greens committee on Thursday, January 16.
Tom Dunsdon, a council solicitor, said: “We have received some objections, and they have been sent to the applicants. Once we have a response from the applicants, the Commons Registration Authority will then make a decision on the next steps to proceed.”
The council received the application to register Turbo Island as a village green last September. The applicants have until February 14 to respond to the objections, after which Mr Dunsdon will spend months writing a report about Turbo Island.
Then, either in April but more likely in June, the committee will choose whether they need a specialist barrister to examine the application, or if they can decide for themselves whether to grant the application and register Turbo Island as a village green. Councillors raised concerns about the expensive cost of appointing a barrister, but admitted the issue might be too complex for them.
Laws regarding town and village greens are notoriously complicated and far from straightforward. The key legal test will be whether what happens at Turbo Island counts as “lawful recreational pastimes”. This usually means ball games, picnics, walking dogs and similar activities.
It’s unclear however whether the impromptu parties, bonfires and street drinking would also count. Labour Councillor Kaz Self said: “Is dancing a pastime?”
If the council does appoint a barrister, known as an inspector in village green jargon, they will recommend to the committee whether Turbo Island should be registered or not. The barrister could also decide to hold a public inquiry, if the application is considered particularly complex.
Conservative Cllr John Goulandris, chair of the committee, said: “Probably not in our April meeting, but the subsequent one, [Mr Dunsdon] will be in a position to make a recommendation as to whether the issue should go to an inspector, because it’s very complex, or whether there might be enough evidence there that it’s clear enough for us to make a decision.
“The concern of the committee is the expense of appointing an inspector. Although it’s not a fortune, it’s still quite an expense. But obviously it depends on the complexity of the application. It may be that this one is sufficiently complex. Probably it will be some time before we decide whether to appoint an inspector.”
One potential obstacle is whether a planning application has been submitted for Turbo Island. When the land was sold, the estate agents mentioned that discussions had begun with council planners about constructing a four-storey building on the site with a shop on the ground floor.
No planning application appears to have been made to the city council, but one could have been submitted to the government’s Planning Inspectorate – as the council’s planning department is in special measures. Mr Dunsdon has asked the Planning Inspectorate if an application has gone in, which could scupper efforts to register Turbo Island as a village green.