Legal threat in town’s parking row

A solicitor and members of Southwell Traders’ Association are threatening legal action against Newark and Sherwood District Council if charges are introduced at a town centre carpark.

Mr Charles Beaumont, a senior partner at Kirkland and Lane Solicitors, Church Street, Southwell, believes the council would be acting beyond its powers if it began charging at the Church Street carpark.

The land at Church Street was dedicated to Southwell by Mr Charles Caudwell on June 24, 1961.

In a letter to the then Southwell Rural District Council in 1961, Mr Caudwell wrote: “I do not wish to make any legal trust or binding conditions as to the use of the land, but desire that it should be used for all time for the benefit of the town of Southwell.”

Mr Beaumont informed Newark and Sherwood District Council that if the council implemented the parking charges he would request a judicial review.

Mr Beaumont believes parking charges would not be in the best interests of or for the benefit of Southwell.

“They are planning on making a charge for parking which nobody in Southwell wants,” said Mr Beaumont. “I’ve not spoken to anyone who is in favour of it.

“As far as I’m aware it is not working in the benefit of the residents of Southwell and is just an informal form of introduced tax.”

If the council goes ahead with the charges Mr Beaumont said he would consult traders and, with their support, hire a barrister to take the matter to court.

“We would have to take counsel with a view to challenging in the courts and forcing the council to overturn its decision.

“It looks as if there’s a real possibility that we would be able to do that.”

The secretary of the traders’ association, Mr Robert Beckett, said: “We’re delighted with the support that Southwell traders have got from professionals in the town with regard to the parking charges.

“I’m hopeful the district council will rethink its decision.

“If it goes ahead with charging then any money made will revert to Kelham Hall and be used throughout the district.

“It is my belief that any money raised through parking charges at Church Street should stay in Southwell.”

Mr Beckett said if the council did not implement charges at Church Street the same should apply to the King Street carpark.

“Obviously the King Street carpark is their domain but I wouldn’t think you would apply a charge to one carpark and not the other because it is human nature that people would flock to the free one,” said Mr Beckett.

The chairman of Southwell District Council, Mrs Beryl Prentice, said although the town council would not be able to provide money for any legal challenge it would support the idea.

“We have opposed the charging from the word go,” she said.

The district council’s head of legal, democratic services and human resources, Karen White, said: “A letter has been received from Mr Beaumont of Kirkland and Lane solicitors, stating he will seek a judicial review if the council decides to impose parking charges on Church Street carpark, Southwell. I will be responding to the letter.

“His assertion is based on a conveyance of the land when it was dedicated to what was then Southwell Rural District Council by Mr Caudwell.

“He is arguing that Mr Caudwell’s desire was that it should be used for all time for the benefit of the town of Southwell.

“However, it is the view of the council that there are no legal or binding conditions either as to the use of the land, or charging for parking on the land.

“The council will consider all objections made in respect of the proposal to make the off-street parking place order before making a final decision at a cabinet meeting on May 6.

“Revenue from the charges will help to offset some of the cost to the council for running its carparks in Southwell, which cost more than £30,000 in 2007-8.

“The council is only considering charging in both its Southwell carparks, and is not considering them separately.

“The council hopes to better regulate carparking in Southwell by ensuring short-term carparks are used accordingly, thereby benefiting the town.”

From May 12 there will be two hours free parking at council-owned carparks in Church Street, King Street, Kings Court and Coghill Court.

The next two hours will cost £1.50 and there will be a charge of £1 for every hour after that.

The charges do not apply to the Bishop’s Drive carpark owned by the town council.

The charges would apply from 8pm-6pm seven days a week.