Victory is claimed out of defeat

A MINISTER is victorious in defeat in his battle over Oak Colliery site at Hollinwood.

The Oldham Commons Registration Committee last week turned down the application for town green status on the advice of an independent expert.

But Rev David Joynes, minister of Beulah Baptist Church, Hollinwood, says he has still achieved his purpose as the barrister’s ruling states the land should remain open space for the public to enjoy.

The fight to preserve the site from development took nearly a year and cost Rev Joynes £8,567.

Barrister Vivian Chap-man ruled residents had not used the colliery site — one of the last large open spaces in Hollinwood — as “of right”.

Rev Joynes says this was based on the argument that the land had been bought under the Open Spaces Act 1906, although there was no reference to the act found in the conveyance from the National Coal Board or any council documents.

But he points out Mr Chapman quoted the act as stating that the council has to hold and administer the open space in trust to allow it to be enjoyed by the public as an open space — and for no other purpose.”

Rev Joynes said: “I have achieved my purpose in defeat, for even though it is not to be a town green, it has to be kept as open space for the benefit of local residents and not be built on.

“I am grateful for enormous local support, and for gifts of £2,000 towards my legal expenses of £8,567. This is the first time in Oldham this procedure has been followed for a town green application. It was said to be ‘fast tracked’, but has taken 11 months and proved very expensive for the council and myself.”

Rev Joynes began his fight after Labour revealed plans to build an academy to replace Kaskenmoor and South Chadderton schools at the site as part of the £230 million Building Schools for the Future scheme.

But the new Liberal Democrat administration then switched the proposed academy’s location to the old Brook Mill in Hollin-wood instead.

Mr Joynes first saw defeat in July when an independent inspector decided that the application should be turned down.

But he argued that inquiry inspector Martin Carter was wrong in reaching the decision and the council’s Town Green Registration Committee decided to refer the matter to Mr Chapman for a second opinion.