LAND ROW: Campaigners Alison and Darren Riley and Jo Shippam want to keep the land for the people.
CAMPAIGNERS fighting to get land back that was sold illegally to a developer have lodged an injunction against the council.
Darren Riley, of Dartford parents' group PAROC, filed an injunction with Dartford County Court to prevent the Dartford Borough Council from allowing building work on Kidd Legacy land in Central Park.
Mr Riley believes the council should buy back the land sold to St James Investments for Tesco under a compulsory purchase order.
Colonel Kidd bequeathed the land in question in the early 1900s to be used as recreational land by the public.
Bad legal advice led to the council selling off the land, breaking a covenant and now they are trying to compensate by providing alternative land.
Mr Riley said: "As far as we are concerned the fight to have the Kidd Legacy land returned to the public is far from over.
"We reject the council's assertion that the land can not legally be bought back and are appalled that the Charity Commission would condone an illegal sale in this way.
"The proposal not only reduces the amount of public space open to families but they are going to close off access to Central Park from Lowfield Street, something we are objecting to."
He says an injunction is due to be served against the council this week. It follows a demonstration by campaigners outside a public exhibition of Lowfield Vision, the developers £300 million plan to regenerate Dartford town centre.
Mr Riley added: "The land being offered by the council in place of Kidd Legacy land is already owned by the public."
He claims hundreds of residents signed a strongly worded letter sent to the Charity Commission that reads: "The council can and must compulsory purchase this land in the same way they compulsory purchased other land and businesses when it suits them."
More than 2,000 residents attended the exhibition in Lowfield Street, Dartford, earlier this month which looks at plans to build one of the largest Tesco in the country along with residential and retail units.
A Charity Commission spokesperson said: "We propose to make a legal document called a Scheme for the Kidd Legacy, being a part of Central Park Dartford. As well as dealing with all aspects of the charity's administration, this scheme will authorise the charity to replace the charitable land that was sold by Dartford Borough Council in June 2004 with land that is comparable in terms of its location, size and designated use. Public notice of the scheme was given on January 31, 2008, and members of the public will have until March 7 to make representations for consideration.
"To date, we have received representations from 40 individuals. We will consider all representations we receive once the publication period is complete, and look at the appropriate way forward at that time."
Dispute over land chosen for regeneration project Have your say Charity Commission seeking compromise
• Group battles to preserve green space given in perpetuity as a public recreation ground
by Simon Tulett
stulett@thekmgroup.co.uk
PLANS for a £300 million redevelopment project could be scuppered by a charitable agreement made more than 100 years ago.
That is the hope of campaigners, who have applied for an injunction to be served against Dartford council to stop it using a piece of land in Central Park in the regeneration of Lowfield Street.
If successful, the bid would jeopardise plans to build a 120,000sq ft Tesco, more than 900 new homes, and a brand new swimming pool, among a host of other stores.
The group objects to the plans because they would encompass a 9,700 sq ft patch of land which was originally given to the people of Dartford as a public recreation ground.
The disputed plot, which forms a public access road to Central Park from Lowfield Street, formed part of land in the park donated to the council by Charles Newman Kidd in 1903.
The agreement made the Urban District Council of Dartford legally liable for the land as its charity trustee, a responsibility which passed to Dartford Borough Council.
In the settlement, Lt Col Kidd stated the land should be used "in perpetuity as a public recreation grounds and for no other purpose whatsoever".
However, in June 2004, Dartford council sold the piece of Kidd Legacy land to developers for £275,000
This was in breach of the agreement's charitable trusts.
Darren and Alison Riley, both 33, from Willow Road, Dartford, and pensioner Jo Shippam, from Marcet Road, want to put a block on the land being used in the new development.
They want Dartford council to buy back the land and return it to its intended use.
Fighting
Mr Riley said: "We are sick and tired of our borough council walking all over its residents without consultation. We are fighting for the right to have recreation areas for our children and we want the land reverted back to the residents of Dartford."
The campaigners also have doubts about the scale of the proposed regeneration project.
Mrs Shippam, who has lived in Dartford for 46 years, said: "Dartford has been sold out for big business. We will soon have no small independent shop keepers left. People will come in and go to Tesco and the rest of the shops will lose out.
"Lowfield Street is the absolute pits and regeneration has got to take place, but it's the scale of it that bothers us. The whole of Dartford is going to be a glorified housing estate. It will lose all its character."
Mrs Riley added: "If it all goes ahead, I'm moving out of Dartford."
The group was due to hear this week from Dartford County Court when the injunction hearing would take place.
Mr Riley said he had a case number for the writ, but it had not been served.
A council spokesman said it could not comment until it had seen the writ.
THE controversial sale of part of Dartford's Kidd Legacy land has led to a rethink of the scheme.
The Charity Commission is preparing a new set-up, which aims to ensure the charity does not suffer a loss as a result of the breach of trust.
It will look to amend and replace the original 1903 agreement. The proposal now drawn up would see a piece of Central Park land of a similiar size, valued at £5,000, replacing the land that was lost.
The money the council made from the sale of the original legacy land, minus the cost of the £5,000 land it is to donate, would be handed to a charity committee, based within the council. The £270,000 would be used for the upkeep of Kidd land and is being held in an account by the council on behalf of the trustees.
But Mr and Mrs Riley and Mrs Shippam are not placated. They say the compensation land, a grassed area of Central Park, is not an additional recreation area, but land already owned by the council and enjoyed by the borough's residents.
The public have until March 7 to have their say on the new Charity Commission scheme by sending their observations to Charity Commission, Direct PO Box 1227, Liverpool, L69 3UG.
Darren Riley is in his army uniform he served with the Light Infantry Brigade for six years as he believes he is carrying on Lietuenant Colonel Charles Newman Kidd's fight to retain public recreation ground in Dartford. He is pictured with supporters Jo Shippham and Alison Riley in Central Park NK10570
THREE residents are standing up to the might of a £300m redevelopment project.
They believe a charitable agreement made more than 100 years ago could be enough to disable the plans.
The residents have applied for an injunction against Dartford Council to stop it using land in Central Park in the regeneration of Lowfield Street.
The redevelopment includes plans to build a 120,000sq ft Tesco store, more than 900 new homes and other commercial outlets.
Objectors say the developments will encroach on a 9,700sq ft patch of land given to the people of Dartford for use as a public recreation ground.
The contested plot is part of Kidd Legacy land donated to the Dartford Urban District Council by its then chairman Lieutenant Colonel Charles Newman Kidd in 1903
It was bestowed on the condition it was, in Lt Col Kidd's words, used "in perpetuity as a public recreation ground and for no other purpose whatsoever".
The agreement made the Urban District Council of Dartford legally liable for the land, which relates to the public access road from Lowfield Street to the park and some land nearby, as its charity trustee, a responsibility which was passed to Dartford Council.
However, Dartford Council sold the piece of Kidd Legacy land to property purchasing firm St James Investments for £275,000 in June 2004.
Darren and Alison Riley, both 33, of Willow Road, Dartford, and 68-year-old pensioner Jo Shippam, of Marcet Road, want to prevent the land being used in the new development.
They also want the council to buy back the land and ensure it is used in the manner Lt Col Kidd stipulated.
Mr Riley said: "We want to kick Dartford where it hurts. We are doing this for families to enjoy time with their kids."
Mrs Riley said: "They shouldn't have sold the land without a public consultation. Tesco is not leisure."
The trio applied for an injunction requesting that all movement to the development is halted until an inquiry and they will be attending a pre-trial hearing at Dartford County Court on March 6.
A council spokesman said: "The application by Darren Riley shows a distinct lack of knowledge over the Kidd Legacy history and we have now received the notice from the court."
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