To consider whether Officers should raise the issues within the Petition through the Borough Plan process and explore with Tewkesbury Battlefield Society, the Tewkesbury School Trust and landowners the potential for improving the Battlefield as a cultural and heritage asset.

80.1           Members were advised that a petition had been received by the Council which asked that it communicate to the Governors of Tewkesbury School its disagreement with the decision not to sell the Gastons fields to the Tewkesbury Battlefield Society; to make clear any aspiration to sell the Gastons fields for development purposes was wholly inappropriate, given its historical significance, and would be vigorously opposed if attempted by the Trustees; and to consider formally designating the Gastons fields, in the Local Plan, as the intended site for the future creation of a Heritage Park for Tewkesbury and to work with the Society and residents to deliver that objective. The petition had received 2,741 signatures which was in excess of the 100 signatures required to trigger a Council debate and was the reason the current report was before Members. In addition, the Battlefield Society had undertaken its own online petition which contained 386 signatures.The report of the Head of Development Services, circulated at Pages No. 13-25, asked that Officers consider the issues raised within the petition through the Borough Plan process and explore with Tewkesbury Battlefield Society, the Tewkesbury School Trust and landowners the potential for improving the Battlefield as a cultural and heritage asset.

80.2           The Mayor invited Christine Laird, speaking as the petition organiser, to make her presentation to the Council. Mrs Laird explained that she had been asked to speak on behalf of the 3,000 people that had signed the two petitions which had been submitted to the Council. She explained that the Gastons fields were located at the heart of the site of the Battle of Tewkesbury and had been designated a national asset in 1983. The landscape was particularly rare because it remained much as it was in the fifteenth century. The fields were owned by the Tewkesbury School Trust, a charity owned and controlled by the governors of Tewkesbury School, and the endowment deed required the charity to comply with specific conditions to maintain and keep in good repair the barn, fields, boundaries and paths that made up the area.  It was considered by those that had signed the petition that this requirement has not been complied with for more than 10 years as could be seen by the fencing that had fallen down and the hedgerows and pasture that were in very poor condition. In addition, the public footpaths that crossed the site had been impossible to use last year and a small barn located near the Gloucester Road was at real risk of falling down. Mrs Laird explained that the Gastons fields formed an important part of the Town’s Battlefield trail but, sadly, it was not unusual to hear tourists comment adversely on the appearance of the fields when following the trail. For residents it was a source of shame that tourists thought Tewkesbury did not care about its heritage. The Battlefield Society had regularly requested that action was taken to address its concerns but nothing was done and Members were advised that, in 2014, the governors had actively marketed the Gastons fields as a site suitable for speculative housing development. In response to that marketing campaign, an offer to purchase the fields had been received from New Dawn Homes of Cheltenham which was a company specialising in building executive homes. Action to prevent the sale was taken by registering the site as a community asset and the Battlefield Society had then led a successful effort to raise the money necessary to buy the fields.  However, at the eleventh hour the governors had refused to sell with the reasons for doing so never being properly explained. The Battlefield Society was aware, from the Charity Commission, that no legal obstacles would have prevented sale of the land to the Battlefield Society and, recently, the suspicion that the sale was abandoned because the owners still wanted to sell the fields for housing was confirmed. It was the Battlefield Society’s belief that the fields should be owned by people that appreciated their historical significance and potential to boost tourism and the local economy. The United Kingdom currently had no national park dedicated to the exploration of medieval history and it was felt that Tewkesbury would be the best place to create this as it was a medieval town which was home to the largest medieval festival in Europe. It was believed that the Heritage Lottery Fund and others would help fund its delivery. Mrs Laird advised that many residents had been angered that the issue was not about the actions of a faceless, profit driven company but the people in charge of the local school. One petitioner had commented that their children attended Tewkesbury School and they did not want them thinking it was acceptable to act like that. The petitioner believed the fields needed to be protected by the Council and asked that it formally designate the Gastons fields in the new Local Plan as the site of a future Medieval Heritage Park for Tewkesbury. In addition, the Battlefield Society supported the recent suggestion that a whole Battlefield approach to this issue may be merited. In the meantime it was hoped that, if there was anything the Council could do to press the governors to honour their repair and maintenance obligations, it would do so.  For residents living by the fields it was now affecting their enjoyment of where they lived which was a source of sadness. Mrs Laird advised that the school seemed to have no democratic process to enable the Battlefield Society to engage directly with the board of governors and, although it had tried to secure change, it had no voice or influence over the board.

80.3           The Mayor thanked Mrs Laird for the information provided and invited the Economic and Community Development Manager to introduce the report. The Economic and Community Development Manager indicated that it was important to recognise the value and significance of the relationship between the Council and the Battlefield Society as well as the importance of the land in question. The Council would not usually wish to be involved in the relationship between two parties but the Gastons fields was covered by the Council’s Policy HEN24: Historic Battlefields of the Adopted Tewkesbury Borough Local Plan which required that any proposals for development have regard to the conservation of the historic landscape; the supporting justification to that Policy stated that ‘proposals should be able to demonstrate that they respect the character of the registered site and generally retained its openness’. Any proposal for development within the Battlefield would be judged against that Policy, as well as other saved Local Plan Policies and the National Planning Policy Framework. In addition, he advised that the Council currently promoted the Battlefield and there was scope to enhance it as a whole, not just the Gastons fields site, with an opportunity to explore, with the Battlefield Society and the landowners, the potential for the battlefield as a cultural, tourism and heritage asset. In 2014, the land had been nominated and listed as an asset of community value and this enabled the community to raise funds to bid for the land once it was put up for sale; that listing remained in place for five years.

80.4           During the discussion which ensued, a Member questioned whether anything could be done to try and help ensure the school met its obligations in respect of repair and maintenance of the area. In response, the Chief Executive indicated that this was a difficult issue as, clearly, the two parties involved were both local organisations and it was not appropriate for the Council to ‘take sides’; that being said, there was an issue that the Gastons fields were part of the battlefield which was a major historic site with huge potential for both the Town of Tewkesbury and the Borough as a whole in terms of cultural, economic and historical impact. He felt that there was great potential for the Council, the Battlefield Society and Tewkesbury School to work together to do more for the area in this regard. Having been registered, the Gastons fields had some protection in planning policy terms but it was suggested within the report that this could be reviewed through the Borough Plan process to see if there was more that could be done. Officers were committed to finding a way forward to suit all parties if possible. Another Member fully understood the historic site needed to be kept as such and she questioned whether the Council could do something to make that intent clearer. She was concerned that the current designation within the Local Plan would not, in reality, offer the level of protection required. In response, the Head of Development Services indicated that the Policy relating to the historic battlefield was not a planning protection but it was a material consideration to be taken into account in planning terms. She was conscious that the Borough Plan would take some time to come on-stream and suggested that there may be other effective ways forward such as the development of a Supplementary Planning Document or addressing this during the preparation of the Tewkesbury Neighbourhood Plan.

80.5           A Member considered that the Council had an important role to play in facilitating the exciting project which the Battlefield Society had planned for the area. He understood that the school wanted to get the best value for the land but felt that this was not necessarily through housing development. He considered the best way forward was to work with the Battlefield Society to try and achieve a heritage trail/interpretation site that the Borough could be proud of. Other Members agreed with the view that the Council should fully support the recommendations contained within the report and that they should be strengthened if possible. In terms of whether the Gastons fields, as part of the battlefield site, could be registered as a Scheduled Ancient Monument, the Head of Development Services advised that, as far as she was aware, only one part of the Battle Trail qualified as a Scheduled Ancient Monument and that was Queen Margaret’s Camp. In addition she advised that for a site to gain that kind of recognition took a very long time. She felt it would be better to add some wording to the resolution which gave Officers the ability to consider the options available to obtain the outcome that Members wanted.

80.6           In terms of the maintenance issues, a Member questioned whether the Council could arbitrate an agreement between the parties involved to get some maintenance done. Another Member questioned what format the suggested meetings between the parties would take i.e. informally or in a Working Group situation. In response, the Economic and Community Development Manager advised that, in the first instance, he would get all of the parties together to discuss the current position and ways forward; thereafter, if a Working Group was required it could be set up.

80.7           It was suggested that the recommendation be reworded to allow the exploration of other options such as a Supplementary Planning Document, and a Member proposed that, in addition, the recommendation require Officers to report back to the Council within a two month period. It was felt that this was a good option, although a two month period might be unrealistic given the conversations that needed to be undertaken.

80.8           Accordingly, upon being proposed and seconded, it was

RESOLVED          1. That the Council is committed to the principle of developing                                      the whole of Tewkesbury Battlefield as a heritage, cultural                                      and economic asset for the Borough and requests Officers                                        to consider the issues raised within the petition through:

a.      the Borough Plan and other planning processes including supplementary planning guidance and enforcement; and

b.      exploring with Tewkesbury Battlefield Society, the Tewkesbury School Trust and landowners the potential for improving the Battlefield as a cultural and heritage asset.

                                                2.  That an update report be presented to the Council within                                          three months on the progress made.