Families take battle against Bablake School to High Court

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A High Court battle is under way against a new private school being built on playing fields in Coventry.



A judicial review has begun after families mounted the legal challenge to Bablake School building a new primary school at its sports fields in Coundon.

Neighbours living nearby had raised a legal fighting fund – with £50,000 from a mystery donor – after complaining Bablake had “threatened” them with court action if they did not sign an agreement to enable development.

Legal arguments centre on an 80-year-old covenant issued by the land’s former owner – the trustees of city benefactor Sir Thomas White’s estate.

Campaigners claimed the contested covenant left the land for community use, and provided legal restrictions to any building causing noise or nuisance.

Hundreds of residents have attended meetings over two years, fearing further traffic problems on already congested streets from the new junior school, which has planning permission.

Bablake Labour councillor David Kershaw, who became Coventry City Council’s education cabinet member in May and has been chair of the campaign’s action group, gave evidence at the High Court in Birmingham on Friday. A verdict is expected either this week or in October after a summer recess.

The Bablake Schools Foundation wants to press ahead with its plans on the site off Hollyfast Road.

Coun Kershaw said: “When I was head of Coundon Court School for 21 years it was my routine to drive around the back streets of Coundon supervising students leaving school – because I was aware of the dangers of excess traffic.

“The whole area was congested. Another school in the area with 400 students is going to create additional hazards.

“Local residents have been attending the court. They’ve conducted themselves amazingly well, including under cross-examination answering questions truthfully with a lot of feeling for their community.”

Technical arguments were heard yesterday about traffic flow and volumes.

The school denied some residents’ claims it was an intimidating letter, after it stated they should be prepared to defend their position in court, and potentially face legal fees, if they did not consent to the school being built because of the covenant.

The school’s supporters claimed it was factual, pointing to the potential outcome of residents’ opposition.

Michael Shaw, bursar of Coventry School Foundation which runs Bablake, said: “We’re committed to providing quality education in Coventry and building a new junior school would help us create an environment where by children can go from the age of three through to 18 under the Bablake ethos.

“We have reached a point where there is no more room to build on the current site, so moving the Bablake Junior School is an option the Foundation has looked at very closely.

“This would also help sixth form education at Bablake grow, as the older students would be able to benefit from improved facilities in the current junior school building.

“The judicial review is the next legally required step in this process and both parties are now bound by the court’s ruling.’’

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Neighbours living nearby had raised a legal fighting fund – with £50,000 from a mystery donor – after complaining Bablake had “threatened” them with court action if they did not sign an agreement to enable development.

Councillors who oppose new developments often receive similar threats which is why so few of them vote on planning issues any more. Solicitors in Britain have become little more than thugs-for-hire.

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High Court blocks Bablake School's plan to build new primary school

RESIDENTS are claiming victory after a High Court judge found against a Coventry private school’s plan to build on playing fields.

A judicial review into Bablake School’s scheme to build a new primary school on its sports fields in Coundon concluded on Friday.

Bablake Action Group argued it would increase traffic on already congested streets and be a risk to school children walking home.

The nine-day legal battle centred on an 80-year-old covenant issued by the land’s former owner, the trustees of city benefactor Sir Thomas White’s estate.

Campaigners claimed this left the land for community use and provided legal restrictions to any building causing noise or nuisance.

Coventry School Foundation – which runs both King Henry VIII School and Bablake School – already has planning permission for the new school.

Councillor David Kershaw is chairman of Bablake Action Group. He is also Coventry City Council’s cabinet member for education.

Speaking from Birmingham High Court, he said both the foundation’s applications had been rejected.

The first application was that the covenant did not have legal force, and the second that the new school plan did not breach the covenant.

Mr Kershaw said: “This means there can be no building of a new school on these playing fields.

“The Coventry School Foundation, which is worth £80 million, took local residents to court. But, as a point of principle, these residents decided they were not going to lose their covenant and took this on.

“The judge was unequivocal. Building this school would create serious traffic dangers and risks to young people in the area.”

Mr Kershaw, a former head teacher of Coundon Court School, said Coventry School Foundation had also been ordered to pay 90 per cent of costs.

“These residents could have faced costs which could have seen them lose their homes,” he added. “This is a wonderful example of residents coming together to protect their community.”

In a statement released through its PR agency, Michael Shaw, bursar of Coventry School Foundation, said it intended to fight on to ensure a new school could be built.

Mr Shaw said: “We are surprised and disappointed by the outcome.

“The judgment does not prohibit the construction of the school as intended and we will now be consulting with advisers and considering the legal and practical implications of the judgment and the options that are available to us.”

A full High Court written judgment is expected to be published next week.

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Bablake School legal action could cost us our home



A COVENTRY dad fears his young family will be forced out of their home if Bablake School wins an appeal to build a new junior school despite community protests.

Steven Whitehouse, aged 39, secretary of Coundon Residents Group, says his family has entered the new year facing a potential six-figure legal bill – if court costs are awarded against him and three other ‘defendants’ who spearheaded the legal battle on behalf of neighbours.

It has emerged the Court of Appeal will in March consider a legal challenge from Coventry School Foundation, the charity running the private Bablake School, which wants a new 400-pupil school on its playing fields site in Norman Place Road, Coundon.

It is seeking to overturn a High Court judicial review won by the residents’ group in August.

Mr Whitehouse, a software developer who has a nine-month-old son Noah and lives opposite the playing fields, accused the school of going against “fair play” by not accepting the original judge’s ruling.

He said: “Our baby was born in March, and this went to the High Court soon after, so we’ve had it hanging over our heads for a while.

“Now there’s lots of stress again, with it about to rear its head again in March.

“I don’t have hundreds of thousands of pounds lying in a bank account. I don’t have anything like that kind of money.

“If we lose the appeal and costs are awarded against us, I could be bankrupt and we would lose our home.”

Neighbours raised a £100,000 fighting fund which included £50,000 from a mystery donor to pursue their battle. They complained Bablake School had sent hundreds of them a “threatening” letter warning about the costs of court action – if they did not sign an agreement to enable development by waiving the terms of a historic covenant.

The legal arguments centre on the 80-year-old covenant issued by the land’s former owner, the trustees of city benefactor Sir Thomas White’s estate.

Campaigners claimed the contested covenant left the land for community use, and provided legal restrictions to any building causing ‘noise or nuisance’.

Hundreds of residents have attended meetings over two years, fearing already congested roads would face further traffic and parking problems caused by the new school, which has been granted planning permission.

A High Court judge ruled some neighbours had the benefit of the covenant, and traffic from the new schools would indeed be likely to cause nuisance.

Bablake ward Labour councillor David Kershaw, the education cabinet member and ex-Coundon Court headteacher who has backed residents’ fight, said: “It’s the school’s legal right to appeal, but it’s sad because there’s still an element of uncertainty.”

A spokesman for Coventry School Foundation said: “After taking legal advice, the Coventry School Foundation has appealed aspects of the first instance judgment delivered on August 10.

“Since then all parties and the courts have been fully aware of the decision to appeal, with permission to appeal granted more than two months ago.

“This is all part of the ongoing legal process and a date has been set for the appeal hearing in March. It would therefore not be appropriate for us to make any further comment at this stage.”

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Bablake School goes to Appeal Court in Coundon playing fields row

A COVENTRY private school went to the Appeal Court yesterday to try to resurrect its thwarted plans to build a new primary school on its playing fields.

The Trustees of the Coventry School Foundation, which runs Bablake School, were granted planning permission for a £9.9million new school on its sports fields in Coundon in March 2010.

The scheme was scuppered by an 80-year-old covenant issued by the land’s former owner, Sir Thomas White, which stated that no “nuisance or disturbance” should be caused through use of the land.

In a High Court hearing last summer, the trustees tried to get round the covenant, claiming it no longer had any legal force and, even if it did, the new school would not breach it.

But Judge Simon Barker rejected their case after the residents’ association, Bablake Action Group, argued the new school would increase traffic on congested roads. The extra traffic would breach the covenant’s dictat that there be no business carried out on the land that would cause “nuisance, damage, annoyance or disturbance”, the judge ruled.

Yesterday, Edward Denehan, for the trustees, argued before the Appeal Court that Judge Barker’s decision was wrong.

He told Lord Justice Mummery the land on which the proposed school would be built was only a “small part” of the total conveyed in 1931 to the school’s trustees.

The action group, he argued, was “unable to identify with ease or at all the land intended to benefit from the covenant”.

He also denied that the potential for increased traffic would amount to “nuisance, damage, annoyance or disturbance” in an already built-up area.

Michael O’Brien, for the campaigners, said the judge had rejected the plans because of the potential for “noise, congestion and parking problems” that the creation of the new school would create.

“Many parents would want to escort their children into the school, not merely drop them off,” the barrister said, adding that Judge Barker had seen “powerful” evidence of “the extent of the traffic problems outside the current Bablake School.”

He said expert witnesses had concluded that “the traffic generated by the operation of the school would result in noise, traffic congestion and disruption...therefore residents would be caused nuisance and annoyance. How much more do these residents have to put up with? They have five schools in the area already.’’

Lord Justice Mummery reserved his decision to be given at a later date.

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Residents fear they may lose homes after Bablake school playing field battle defeat



Protesters in Coventry are terrified they could be end up homeless after facing the threat of a six-figure legal bill.

Marie and Steven Whitehouse are among a small group of residents who face huge costs after losing a fight over plans for a new junior school on Bablake playing fields in Coventry.

Three other community representatives who opposed the plan are also affected and a court hearing today is expected to determine how much they have to pay.

A charging order was placed on the Whitehouse’s home in Norman Place Road, Coundon by solicitors acting for the Coventry School Foundation charity which runs Bablake School.

Ojections from 2,000 residents were defeated after long legal dispute over the new junior school.

Residents initially won the battle against the school after in July 2012, but a Court of Appeal defeat in March 2013 left residents facing a bill for 80 per cent of the charity’s court costs.

The orders mean the charity could essentially repossess the residents’ homes if the legal costs - thought to be up to £400,000 - cannot be paid. The battle has already cost residents £200,000 raised via donations to a ‘fighting fund’.The residents have also been hit with a bill for £50,000 which has not been paid, leading to the charging orders.

The other residents affected by the charging orders are retired Tony Griffiths, 51, and former police officers Stephen Tate and Mervyn Lewis, 78.

Mr Whitehouse said: “We were chosen by the charity’s lawyers for the charging orders because were the four residents who agreed to represent the residents in court because you can’t have 2,000 people appearing in court.

“They have put the debt against the properties, and if it isn’t paid off, then there’s an interest rate of eight per cent which means eventually they would own the properties outright.

“There are already restrictions on all of our homes which means if we sell them the buyer would inherit the debt.

“We face not just being made homeless, but potentially being bankrupt. There’s no way we can afford it.

Mr Griffiths said: “There is a lot of pressure on everybody, sleep is at a premium.’’

Mrs Whitehouse, who is seven months pregnant, said: “It might be an asset to them, but it is a home to us.

“They could leave us with nothing, we would never be able to get on the property ladder again.

“We have scrimped and saved, laid our own kitchen floors, made a home and it is all going to be taken away from us.”

The residents have been supported in their battle by Coun David Kershaw, who is responsible for education in the city.

He said: “This is not about politics, it’s about representing local people. It is about justice for a local community that I know well.’’

The dispute over the new school hinged on a ‘restrictive covenant’ dating back to 1931 which prohibited certain development on the land.

Residents argued the new school would cause traffic chaos and raised serious safety concerns, but the Court of Appeal ruled that was a matter for the Highways Agency as the traffic issues would not be physically taking place on the land affected by the covenant and therefore were not ‘expressly prohibited’.

A spokesman for Coventry School Foundation said: “It has never been our intention to cause upset to the residents of Coundon or to have anyone put under threat of having to sell their property.

“No application has been made to force the sale of anybody’s house or to make anyone bankrupt. All that has happened is that steps have been taken to secure the Foundation’s position given that nobody has responded to us to discuss the issue of costs, despite us making approaches.

“As trustees of the Foundation the governors have a duty to seek a level of repayment. The court was informed at an early stage of the proceedings that the costs of the respondents were being covered by Mr Griffiths.

“In fact an offer has been made to the respondents to agree costs. The offer was made on March 3 but expired March 24, with no response. It was regrettable that this matter reached the stage it did but both sides were fully aware of the implications at every stage of the legal process.”

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There’s no way we can afford it

Should've thought about that before!

The law (and justice) in this country is usually the preserve of the rich.

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Residents slapped with £50,000 charges each after Bablake school playing field legal battle

A group of protesters have had charges of £50,000 slapped against their homes as a row over a new school in Coventry blazes on.

Five residents in Coundon have been lumped with the hefty court costs after losing a fight over plans for a new junior school on Bablake playing fields.

The Telegraph reported earlier this week how Tony Griffiths, neighbours Marie and Steven Whitehouse, and former police officers Stephen Tate and Mervyn Lewis, 78, fear they could even end up homeless if they can’t afford the bill.

The charging orders were placed on their homes by solicitors acting for the Coventry School Foundation charity which runs Bablake School after the latest court hearing this week.

The original school plans faced opposition from 2,000 residents who raised a ‘fighting fund’ of £200,000 to win their initial legal battle in July 2012.

But the Foundation successfully appealed the decision at the Court of Appeal in March 2013 – which meant the five residents who were named on the legal paperwork were left facing a bill for 80 per cent of the charity’s court costs.

Mr Griffiths said: “The court hearing saw the charity rubber-stamp the application for a charge on our properties of £50,000 each.

“The judge did have a lot of sympathy for what was happening.

“We now have to wait and see if the charity demands their second lot of payment, which we think will be around £259,000. This could also be attached to our houses but if there’s not enough there then they could come after us personally.

“It’s not as if we wanted this – we just represent the community. It is just ridiculous.”

The dispute over the new school hinged on a ‘restrictive covenant’ dating back to 1931 which prohibited certain development on the land.

Residents argued the new school would cause traffic chaos and raised serious safety concerns, but the Court of Appeal ruled that was a matter for the Highways Agency as the traffic issues would not physically take place on the land affected by the covenant.

The Telegraph understands bosses of the Coventry School Foundation have now agreed to meet residents to discuss the matter.

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The bottom line here is that they lost, now they will end up paying.

Taking to the courts is expensive and there is always a risk involved.

I think it was John Mortimer who said, "If someone threatens to sue you for your watch, best just give it them because it'll end up cheaper."