High Court challenge to prevent ‘threat to battlefield’

Campaigners are preparing for a judicial review to prevent the multi-million pound development on what they claim is land where the Battle of Fulford took place in 1066 on the outskirts of York.

They have challenged English Heritage over its decision not to designate the land on a national register which already includes the sites of other landmark conflicts such as Stamford Bridge and Towton in North Yorkshire as well as Hastings in East Sussex and Bosworth Field in Leicestershire.

English Heritage admitted the Fulford site remains “the most likely candidate” for the clash between Viking invaders and English forces, and has launched its own review to consider new evidence submitted by historian Chas Jones.

Mr Jones, who founded the Fulford Battlefield Society, told the Yorkshire Post the High Court had accepted the judicial review in principle based on a challenge that English Heritage had ignored evidence, introduced false evidence and failed to follow the right process.

Despite the possibility of a High Court hearing, an application for the 655-home scheme from the developers, Persimmon Homes and Hogg the Builder, has been recommended for approval by York Council’s planning officers.

Mr Jones said: “A battlefield designation is a material concern that planners would need to take into consideration. The rules state that a battlefield should only be destroyed in exceptional circumstances. It is outrageous they (the council) are trying to push this forward while this matter is still outstanding. Hopefully the facts will prevail through the judicial review.”

English Heritage confirmed a judicial review over its decision not to add Fulford to the Register of Battlefields has been requested. But a hearing will not be held until the outcome of its own review over the decision not to designate the site on the register.

York Council’s planning committee will meet on Thursday next week to discuss the reserved matters application, which includes details of the appearance, landscaping, layout and scale of the homes. The council’s archaeologist, John Oxley, stressed he is confident planning conditions, set out when outline permission was granted in 2007 following a public inquiry, were adhered to.

He added: “Despite all the work carried out by the developer and the Fulford Battlefield Society, unfortunately we still cannot closely define the site where the Battle of Fulford was fought.”

The Battle of Fulford placed the English forces under immense pressure and the losses took a toll on resistance at Hastings.