A community campaign organisation and the local council are in conflict over a contentious element of a proposed disposal of a sporting facility.
The Shay Stadium in Halifax provides the playing base for two professional clubs: football side FC Halifax Town and rugby league team Halifax Panthers.
After Calderdale Council approved a 2024 budget measure committing to divesting its share in the Shay, negotiations with the current tenant clubs stalled. Huddersfield Giants rugby league club proprietor Ken Davy subsequently became the primary interested party, though this arrangement has generated considerable opposition.
The Friends of the Shay group is mounting a campaign against the proposed transaction. The body asserts that the ground’s designation as an Open Space Sport and Recreation Facility imposes strict conditions on any disposal procedure.
The local authority contests this classification under national planning policy documentation.
The campaigners indicate that when a council seeks to dispose of open space land, it must advertise particulars in a local newspaper for fourteen days, allowing residents to be properly notified and to register concerns. The authority must subsequently give due weight to any representations received.
According to the group, after extensive searches through local publications and official government planning websites, no evidence exists that this obligation has been fulfilled.
This oversight has effectively denied residents the opportunity to formally raise any objections.
The campaigners maintain this fundamentally undermines the legality of the proposed disposal and that immediate action is required before any binding agreement is concluded.
They emphasise that Section 123(2A) of the Local Government Act 1972 sets out unambiguous requirements, specifying that disposal notices must appear in a local newspaper for two consecutive weeks and that any objections submitted must be taken into account.
They contend that established practice shows this step cannot be overlooked and that wider council consultations do not fulfill this precise statutory requirement.
The organisation points out that the council previously applied these regulations appropriately when marketing the disposal of Shelf Village Hall, part of which also carries an open space designation, indicating the council’s awareness of the relevant legislation.
Friends of the Shay has communicated with the council and its solicitors while securing independent legal guidance on next steps.
The council, however, disputes the group’s interpretation of open space status.
A council spokesperson indicated that the Shay does not constitute public open space.
Under the Town and Country Planning Act 1990, open space is defined as land established as a public garden or utilised for public recreational purposes.
The Shay does not satisfy this definition.
It functions as a venue requiring tickets for entry with no general public access.
The council’s Local Plan adopts a broader definition than the Act, encompassing sports stadiums and privately-run facilities beyond traditional open space.
The council adopted its Local Plan in spring 2023.