The Klondyke

As part of the plan to grow further, one area of particular focus is girls football. Currently opportunities are provided to play up to Under 18's whilst it is possible for boys football to run to Under 21's. The club would like to see the girls teams compete in open age football. In order to encourage players at the older age groups Groby Juniors wants to be able to offer midweek floodlit football as well as Saturday mornings with the Midlands Football Alliance. Clubs in nearby villages are not as well advanced in the development of girls football, so there is a large catchment area waiting to be developed and plenty of grant funding available to help. This year's Girls Tournament, which attracts entrants from Solihull, Worcester, Luton, Manchester, Grimsby and beyond, is already half full.

Whilst the Brookvale Groby Learning Campus has served the club well, additional facilities are now required as football is played on all the space available on a Sunday morning, so much so that it is having to play at various other sites within Groby. The school changing facilities do not fulfil the FA requirements needed for the future plans.

Brookvale Groby Learning Campus at full capacity and in order to expand it is vital to find other areas to play on within the Groby area. The Klondyke, which is close to other suitable land that can be potentially leased, would enable the club to do that. It would also provide a place that could be called home which would give a real sense of identity. With a marquee floodlit pitch and all weather training area it would inspire existing players as well as attracting new ones.

The search for a suitable site has gone on for years, but high land prices have blocked the club's aspirations. “Grants are only available for building costs,” John explained, “we cannot obtain grants to acquire land.” Even though it might have to be tiered this site is believed to be the best option, and for the moment the ball is with the Borough Council who will have to consider the implications of the new proposal and the legal issues it raises.

Groby Juniors Football Club is an organisation which balances aspirations of winning with a philosophy that football is for everyone whatever their skill, gender, age or disability. And when Paul Chick says “it's about putting smiles on faces,” that's something most would agree is worthy of support.

November 2017

Klondyke - planning application for bungalow

An application has been made for "the replacement of an existing dwelling with a new dwelling" at the Klondyke site on Newtown Linford Lane. In an email to Groby's Borough Councillors, received a day after the Parish Council was informed, Planning Officer Gemma Dennis said "I would like to inform you that a planning application for the replacement of an existing dwelling with a new dwelling has been received and validated in relation to the compound site on Klondyke. I will be the case officer and we will be working closely with our barrister Killian Garvey during the course of the application. Any questions please don’t hesitate to contact me."

The application was received on Friday 29 Sep 2017 but not validated until Thursday 26 Oct 2017.

Read more about this and how to comment by going to http://grobyklondyke.webs.com/

The application can be viewed by following this link.

Sept 2017

Meeting held with HBBC representatives

Following the Parish Poll a second meeting has been held between members of the Klondyke Steering group chaired by Councillor Cartwright, reports Borough and Parish Councillor Ted Hollick. Officers of Hinckley and Bosworth attended along with Groby Parish council Members, Charnwood Member of Parliament Edward Argar, Groby County Councillor Ozzy Oshea, Hinckley-Bosworth Borough Councillors Bill, Lay, Morrell, Council Leader Mike Hall, Groby Juniors F.C. Chairman John Caswell and Groby residents Steve Brown and George West.

The meeting was held in order to discuss a way forward to enable a satisfactory solution to be reached which would be of great benefit the Community. After a frank and robust in depth discussion it was agreed by all that a joint meeting would be held in 6-8 weeks time when Hinckley –Bosworth Officers had received legal advice.

July 2017

Groby Juniors vision for the Klondyke

The first meeting of the Klondyke Steering Group was held in the Parish Council Chamber on Friday 24th July to consider the results of the recent Parish Poll and discuss a follow up strategy. The meeting heard the vision of a representative of Groby Juniors for the use of the site if a compulsory purchase order is completed and funding is available.

Although it seems the Borough Council had indicated that officers were waiting for a business case from Groby Juniors the group disagreed with the view that this was a pre-requisite of a Compulsory Purchase Order.

A representative of Groby Juniors explained that a business case prepared with the input of Graeme Childers, Health and Recreation Manager at the Borough, would probably be submitted by 31^st July. He went on to explain that a development by Groby Juniors at the Klondyke would be a community resource. He felt that the model for Sport in Desford could be used for Groby and there could be bowls, tennis, and other activities within the site. If anything he thought it probably isn't big enough for everything they might want to do, but the resource would be used along with other sites. Other villages such as Glenfield did it succesfully, he added, and there is no reason why Groby couldn't as well.

The meeting was attended by local Councillors, members of the public and representatives of Groby Juniors Football Club, because of their interest in the site if a compulsory purchase order is put in place. Local MP Edward Argar also attended and gave his support. Borough Councillor Martin Cartwright was elected Chair.

The group agreed that as a first step there were questions that need to be answered by the Borough Council and a date has been set for a meeting with officers and members at the end of August. The following officers and elected members have been asked to attend :

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June 2017

Klondyke Parish Poll results

The results of the Parish Poll on Thursday June 23rd have been announced. Over 1500 residents visited Groby Village Hall between 4 and 9pm and gave overwhelming support for a Compulsory Purchase order. The results for the key issue was as follows -

4. Do you agree that failures in due diligence by Hinckley & Bosworth Borough Council being entirely responsible for allowing the existence of this blot on the local landscape, that securing the initial cost of clearing the KLONDYKE site should be the responsibility of the Borough Council ?

Yes: 1484 94.08% No: 23

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June 2016

What next for the Klondyke?

What an area of contrast the land north of the A50 has become. There's the Meadow, a rifle club and the Old Hall Farm Fishery, a recreational facility for anglers. Groby Pool is a popular destination not just for families but also ornithologists and is a site of special scientific interest (SSSI). There's Sheet Hedges Wood, first recorded in the Domesday Book. The area has also been home to the Ahimsa farm which produces slaughter free milk and other dairy products.

That's the upside. The downside is the anti-social activities of some visitors to the Pool car park and the knowledge that eventually quarrying will re-commence as other reserves are used up, bringing increased traffic. And then there is the site that has been the most contentious over the years, the Klondyke.

Quarrying might be considered part of Groby's DNA, dating back to Roman Times on Bradgate Hill, and the post war planning consents mean that nothing can be done to change the inevitability of the re-commencement of extraction. As yet no-one has come up with a cost effective resolution to the activities in the Pool car park. As for the Klondike the passage of time has seen it change from a plot of land on which quarry workers grew fruit and vegetables for their families to something quite different, something which has featured prominently in the information produced in the run up to the Parish Poll.

A piece in the jigsaw that doesn't quite fit

The one thing which is clear is that the current use does not sit comfortably in the area which, quarrying apart, is predominantly recreational. It is a piece in the jigsaw that doesn't quite fit. The argument over the years has been focussed on the site. Some residents might wonder why neither the County Council nor the Borough Council have zoomed out and looked at the bigger picture. The Klondyke is incongruous in a recreational area that with some thought and investment could be more like a country park, perhaps taking some pressure off nearby Bradgate. Next to the much valued SSSI it is an area that has suffered ecological and environmental damage.

The proposal that with a Compulsory Purchase Order it might provide a much needed site for young footballers is supported by the the Groby Juniors Club who would be prepared to seek funding if they were satisfied that it is viable. It might not be, but that doesn't mean that there couldn't be more woodland, a community orchard or alternative outdoor recreational facilities, perhaps provided by a commercial organisation.

A compulsory purchase order (CPO) is a legal function that allows certain bodies which need to obtain land or property to do so without the consent of the owner, presumably in the best interests of the community as a whole. If the long awaited Klondyke CPO is eventually implemented those who can demonstrate legitimate ownership of any part of the site should be properly compensated, though if it happens there will no doubt be a debate about clean up costs.

A Parish Poll does not deliver a CPO

A Parish Poll does not deliver a CPO but it is part of the journey. In this case it is probably the last stop before the end of the line. When residents consider the questions on the ballot paper they may like or dislike the questions. They can vote yes or they can vote no. They can reflect on the rights of the individual and the rights of the community. They may wonder about the motivation of the quarry owners in providing land for workers to supplement their wages, but they can be sure that the owners never thought that years later it would be the subject of such debate.

So when that vote is cast it may be looking beyond the current controversy. It may be a vote for the rights of the individual and the continuation of the present situation. Or it may be a vote for the hope that someone will see the bigger picture and enable the acquisition of the land so that the owners can be compensated and the facilities for the community enhanced in this already diverse recreational area north of the A50.

October 2015

Klondyke developments

An application has been made to Hinckley and Bosworth Borough Council for a Certificate of Lawfulness of Existing Use or Development in respect of what is described as an existing dwelling house on the land. The application says that where there has been a breach of planning control and something has been done without planning permission no enforcement action can be taken after a period of 4 years has elapsed, and argues that the building became lawful in 1991.

This application has been submitted just as new proposals have been put forward for the compulsory purchase of the Klondyke and the suggestion that the land could become a new home for Groby Juniors Football Club.

August 2015

Could Groby Juniors find a home on the Klondike?

Readers may recall that Hinckley and Bosworth Borough Council voted to support the proposal to make a Compulsory Purchase Order to acquire and restore the land known as the Klondike on Newtown Linford Lane to a use commensurate with its proper planning purpose. Although this initiative has stalled there are still hopes that the plan can be revived and a leisure use found for the land. A home for Groby Juniors Football Club is one of the suggestions being made.

Because it adjoins Groby quarry the Klondike is viewed by some as being of strategic importance to the quarry owner. The company had indicated a willingness to make a financial contribution towards the costs of compulsory purchase order, the purchase of the land but subsequently decided not to become involved at the present time.

The Chief Executive's report to the Borough Council explained that the current unauthorised usage of the Klondyke has been a matter of concern for the Council for a number of years. The site is within both the Green Wedge and the National Forest and as such the current usage of the site is in direct opposition to its proper planning designation, but within a year the compulsory purchase initiative had fallen by the wayside. In October 2014 a leisure based future for the site was still on the table but by December Steve Atkinson advised councillors that “Having considered the ‘leisure’ option with officer colleagues in Planning, Legal and Estates, I have concluded that a case for that option is most unlikely to receive planning support. Moreover, given that there has been no unlawful activity identified or threatened on the site in recent months and that it is now largely shielded from public gaze, I do not consider that further time and expenditure on the matter is good value for money at this time.” Why a leisure option would not receive planning support is unexplained, and as the Spotlight went to press Mr Atkinson was not available to clarify his remarks.

Enforcement action taken

Planning enforcement action has been taken over the years to attempt to control the site. The serving of a Planning Enforcement Notice on one part of the site in 2005 requiring that all hard-standing be removed from the site and the land reinstated to its previous condition through the planting of appropriate grass, shrubs and seeds has not been complied with.

Following the failure of the owner to comply with the Enforcement Notice, the Council in 2007 sought and obtained an Injunction Order in similar terms to the enforcement notice. Owing to difficulty in locating the subject of the Injunction the Council has not been in a position to enforce it although it remains extant.

Another area of the site has since 1986 been used as an unauthorised builders yard. A planning contravention notice was served against the property in 2007 which resulted in works being carried out to remove a proportion of the loose materials and scrap on the site although the unauthorised use continues. In March 2007 a further area of the Site was served with an enforcement notice to remove all caravans and mobile homes from the site. This enforcement notice was complied with.

In April 2011 the owners of the entire site were made subject to a further injunction to prevent any development of the site and in particular the bringing onto the site tarmac or other materials on to the land. This injunction expired in June 2011 as no breaches of the injunction occurred in this period.

Acceptable uses for the land

The Klondyke is part of both the National Forest and the Rothley Brook Meadow Green Wedge. Uses which are considered acceptable within the Rothley Brook Green Wedge include agriculture, recreation, forestry, footpaths and bridleways, burial grounds and nature conservation. In addition any land use within the green wedge is required to maintain the function of the Green Wedge, and retain the visual appearance of the area. The Council's Adopted Core Strategy supports proposals that contribute to the delivery of the National Forest Strategy including increasing woodland cover, enhancing biodiversity, developing a new woodland economy for timber products and wood fuel energy, outdoor recreational and sport provision and tourism developments. Only development meeting this Strategy will be supported and even then only if its siting and scale is appropriate to a forest setting and the development respects the character and appearance of the wider woodland setting. The current unauthorised uses of the site do not comply.

A home for Groby Juniors?

In the meantime Groby Juniors Football Club continue to search for a site they can make their home in the village. The search has gone on for many years, but without success. If the ownership problems were resolved, a compulsory purchase process completed and the site rehabilitated, the club would be prepared to consider it as a possibility for the home they have long wanted. It could take up to 5 years for the dream to become reality but a CPO and clean up could provide a site which the club could develop as a great asset to the community.

Last month the club appealed for help, firstly from anyone who is either a surveyor, architect, solicitor, land agent, developer or past/present councillor who could assist in the acquisition and development of club facilities. They were also looking for anyone who is an accountant or has experience in applying for charity status. This is something which is seen as being extremely beneficial to the club, swelling funds, enabling development and benefiting members. New chair Emanda Kerr may have been overwhelmed with offers, but if you can help in some way no doubt she would still be pleased to hear from you. Her mobile number is 07860 546828.

Founded in 1973 as Ratby Groby Juniors the club name was changed in 2003. The ethos of the club is for everyone associated with it to have a good time whether or not they are players. Over the years the club has produced three England players – Emile Heskey, Matt Heath and Tommy Wright.

September 2014

Affordable housing on the Klondike?

When it was announced that a compulsory purchase order(CPO) could resolve the long standing issues surrounding the land on Newtown Linford Lane known locally as The Klondike, residents were warned that it could be a long process. This month members of the Parish Council were told that “whilst a meeting of interested parties has been arranged for 1st October, progress has stalled due to the position taken by the quarry owner.”

A spokesperson for the Borough Council explained that “the quarry owners do not need the site for some considerable time and their potential use for it makes a successful CPO application unlikely.” He added that “the new owners have continued to have constructive dialogue with the Council.” The October meeting is planned to confirm the position of the quarry owners and to explore and agree a clear way forward which might satisfy all concerned, especially the residents of Groby.

At the September Parish Council meeting members were asked to consider consulting with the community about affordable housing as an alternative use for part of the site. Members voted to support this suggestion “subject to requisite planning conditions and regulations, it being of a limited scale and that local approval is sought.”

December 2013

Compulsory Purchase Order for the Klondyke?

It has taken a long time but at last there is the prospect that the problems associated with the land known as The Klondyke on Newtown Linford Lane could be moving towards resolution. Members of Hinckley and Bosworth Borough Council voted at their December meeting to support the proposal by the Chief Executive to make a Compulsory Purchase Order to acquire and restore the land to a use commensurate with its proper planning purpose. During the Compulsory Purchase process the Council will negotiate in parallel with the current owners of the site to purchase their properties by private treaty.

Because it adjoins Groby quarry the Klondyke is viewed by some as being of strategic importance to Midland Quarry Products. The company has indicated a willingness to make a financial contribution towards the costs of compulsory purchase order, the purchase of the land and the remediation of the land. Councillors agreed to delegate authority to the Chief Executive to enter negotiations with Midland Quarry Products Ltd in order to agree the terms of a Compulsory Purchase Order Indemnity Agreement to contribute to the cost of the compulsory purchase and remediation of the land.

The Chief Executive's report explained that the current unauthorised usage of the Klondyke has been a matter of concern for the Council for a number of years. The site is within both the Green Wedge and the National Forest and as such the current usage of the site is in direct opposition to its proper planning designation.

Years of planning enforcement

Planning enforcement action has been taken over the years to attempt to control the site. The serving of a Planning Enforcement Notice on one part of the site in 2005 requiring that all hard-standing be removed from the site and the land reinstated to its previous condition through the planting of appropriate grass, shrubs and seeds has not been complied with.

Following the failure of the owner to comply with the Enforcement Notice, the Council in 2007 sought and obtained an Injunction Order in similar terms to the enforcement notice. Owing to difficulty in locating the subject of the Injunction the Council has not been in a position to enforce it although it remains extant.

Another area of the site has since 1986 been used as an unauthorised builders yard. A planning contravention notice was served against the property in 2007 which resulted in works being carried out to remove a proportion of the loose materials and scrap on the site although the unauthorised use continues. In March 2007 a further area of the Site was served with an enforcement notice to remove all caravans and mobile homes from the site. This enforcement notice was complied with.

In April 2011 the owners of the entire site were made subject to a further injunction to prevent any development of the site and in particular the bringing onto the site tarmac or other materials on to the land. This injunction expired in June 2011 as no breaches of the injunction occurred in this period.

The planning context

The Klondyke is part of both the National Forest and the Rothley Brook Meadow Green Wedge. Uses which are considered acceptable within the Rothley Brook Green Wedge include agriculture, recreation, forestry, footpaths and bridleways, burial grounds and nature conservation. In addition any land use within the green wedge is required to maintain the function of the Green Wedge, and retain the visual appearance of the area. The Council's Adopted Core Strategy supports proposals that contribute to the delivery of the National Forest Strategy including increasing woodland cover, enhancing biodiversity, developing a new woodland economy for timber products and wood fuel energy, outdoor recreational and sport provision and tourism developments. Only development meeting this Strategy will be supported and even then only if its siting and scale is appropriate to a forest setting and the development respects the character and appearance of the wider woodland setting. The current unauthorised uses of the site do not comply and it is proposed that following the acquisition of the site a tree planting programme is carried out.

The financial implications

Based on the current position, it is considered that the cost of preparing the compulsory purchase order could be met internally by existing resource. However, for any ensuing public inquiry, the Council will be required to fund legal costs estimated at around £12,500. If the Council were to acquire the land, various costs would be incurred in making the land secure ahead of any decision on its future use. These are currently estimated to be £1,100. Further resources may be required from the Council’s Estates and Asset Management officers to react to any disturbance that occurs as a result of the Council acquiring the site.

Potential further use for the land may include creation of a woodland area on the site. The cost of this initial planting is estimated to be £28,500, excluding any ongoing grounds maintenance work that will be required. On the basis of the current value and lack of present uses it seems that it would be difficult to demonstrate strict financial value for money in acquiring the land. Because of the cost associated with its future use, acquisition may not be deemed affordable, sustainable and prudent under the terms of the Council’s Prudential Treasury Management Strategy.

Those directly affected by the Order will be entitled to compensation which will be payable in accordance with the Compulsory Purchase Code, assessed on the basis of the market value of the property interest acquired, disturbance and statutory loss payment. The reasonable surveying and legal fees incurred by those affected will also be paid by the Council. These costs will also be backed by the indemnity from Midland Quarry Products.

The Council has had to consider the balance to be struck between the effect of acquisition on individual rights and the wider public interest in the redevelopment of the site. The advice received is advised that compulsory acquisition of the land in this instance is considered to be justified in order to secure the economic regeneration, environmental and public benefits which the scheme will bring.

Over the years the Borough Council has received much criticism for the way in which it has responded to the problem of the Klondyke. The passing of the resolution supporting compulsory purchase has been described locally as the first step of a difficult and relatively lengthy process, but a step in the right direction.

Cautious optimism over the Klondyke?

Compulsory purchase may be a step closer

After years of anger and frustration over the land known as the Klondyke on Newtown Linford Lane members of Groby Parish Council have been told that there is hope that the calls for the land to be compulsorily purchased will be acted upon. It is thought, however, that it could be a complicated and protracted process which will need a Borough Council resolution once everything has been sorted out.

The Klondyke has been an issue for local residents and the Parish Council for years. The most recent activity reported in the last few months - fly tipping of lorryloads of unknown material and an old car shell – has resulted in renewed calls for action. In planning terms the approved use of the land is for allotments, which is believed to date back to the days when the quarry workers grew vegetables for their families. But over the years it has been used for business or residential use without the appropriate planning consent. When planning applications have been made they have been unsuccessful, and it is now six years since an appeal against the refusal of a planning application was rejected by the Inspector. He considered four issues.

Firstly, in his view, the clearance of much of the mature vegetation on the site and the laying of hard standings for caravans seriously damaged the appearance and integrity of this part of the wooded area. He concluded that the site seriously harmed the character and appearance of the area.

Secondly, he felt the site would have an adverse impact on highway safety. He felt that the problems could only get worse when the planning permission for the future working of Groby Quarry is implemented as this will considerably increase the amount of traffic passing the site entrance.

Thirdly, the implications for the adjoining Groby Quarry as a result of its effects on occupants of the site in terms of noise, vibration and safety. The Inspector reported that Groby, Bradgate and Lawnwood quarries provide a valuable 90 million tonne reserve of igneous rock, some 20% of the permitted reserves in Leicestershire and the East Midlands. The need to safeguard economically important mineral deposits such as these is recognised nationally and regionally. The site is all within 200 metres and at its closest point is only 10-12 metres from the edge of the quarry face. The Inspector concluded that it was unacceptable for residents of the site to be exposed to the noise, vibration and safety issues which would follow from living so close to the quarry.

The final issue the Inspector considered was the special needs of gypsies. The Inspector's view was that the families involved had ceased travelling because they had established sufficient business in the Leicester area and had no need to travel further afield. He concluded that as they did not meet the Government's definition of gypsies and travellers, the special needs of gypsies reflected in national and local planning policies did not apply.

Residents hoped that this would resolve the problem but it has turned out to be like an erratic volcano with no-one knowing when the next eruption would come. Action plans, monitoring, planning applications, a High Court injunction and more have followed.

Although there is cause for cautious optimism the Borough Council is making no rash promises. “The council is exploring a number of possible options in a bid to address the ongoing planning and environmental nuisance issues at the Klondyke site,” confirmed a spokesperson. “One possible option currently being explored is the purchase of the land by the council. However, it is early days and no decision has yet been made as to the anticipated effectiveness or feasibility of that option. Whatever option is selected, the council will ensure that all interested parties – including residents, councillors and land owners – are involved and consulted. The council’s aim is to improve the situation for the benefit of all concerned.”