People for Packsaddle Response to the Somerset Council decision to remove public access to permissive path at Packsaddle Fields and to fence off the public right of way

People For Packsaddle, and the community it represents, is angry and disappointed in the decision made by Somerset Council to remove public access to Packsaddle Community Fields, after they announced they would close the permissive path and fence off the public footpath. This decision has been made after 50 years of unchallenged public access to the fields, as a result of threats made by the developer, LiveWest, to sue the Council unless they comply with LiveWest’s demands to close the fields to the public, after it was refused planning permission to build on the land. 

People For Packsaddle urges Somerset Council to reconsider this outrageous decision, and to stand up for our community, who they are meant to represent. 

This is a very deliberate attempt to visit harm on a community which had the temerity to stand up to a developer. Over the last 4 years, this community has been wronged on many occasions and yet we have consistently played fair and been proven right. 

LiveWest’s planning application was refused at planning committee, then refused by the Planning Inspector. When LiveWest threatened to challenge the Inspector’s decision, the Secretary of State considered “the claim to be unarguable” and said it would pursue LiveWest for costs if it proceeded. LiveWest then dropped its claim. Given this context of refusal after refusal from all legitimate angles, LiveWest’s behaviour here can only be viewed as corporate bullying.

Time and again, People For Packsaddle has won the planning and legal arguments. LiveWest has sunk particularly low with their latest dirty trick, and Somerset Council’s capitulation to these threats sets a dangerous precedent, not least because they are also the local planning authority. Somerset Council is hiding behind the Option Agreement they entered into with LiveWest, which runs for up to 12 years. There are options for LiveWest to walk away from this agreement at their discretion but Somerset Council are locked into the agreement for the duration.

The Council simply will not stand up to the developer on behalf of its constituents. This community, however, has stood up for itself before and we will continue to do so. Our community will not stand by, lie down and let the bullies win. 

The action being taken by the Liberal Democrat council totally contradicts Liberal Democrat policy, which states “…through democracy, every citizen is empowered to make their voice heard, without being dominated by entrenched interests or the power of money” and that “Every vote for the Liberal Democrats is a vote to elect a strong local champion who will fight for a fair deal for you and your community”. The Liberal Democrats also state that “Protecting our precious natural environment lies at the heart of the Liberal Democrat approach. Everyone should be able to enjoy open green spaces….”. A Greenspace Report Map, issued by Friends of the Earth in October 2025, shows this part of Frome (Frome North) has the least access to green space in Frome and that Frome itself is well below the national average in terms of the square metres of green space we have access to.

People For Packsaddle deem the Somerset Council decision to restrict access to Packsaddle Community Fields to be cruel, immoral and indefensible. Somerset Council purports to “put all the people of Somerset at the heart of everything we do”, yet it prioritises the bullying demands of a developer ahead of the welfare of local people and the decision of a Planning Inspector and Government Legal Department. From the perspective of our community, it appears that whenever LiveWest say “jump” the Council says “how high?” Residents are rightly furious, upset and disgusted. They deserve better.  

It is clear from evidence provided by local people at the Planning Inquiry regarding their unchallenged use of this designated Green Space over a period of 50 years, from the planning decisions made about the fields, and from their designation as an Asset of Community Value, that this is a valuable open space in this part of Frome. The evidence given at the planning inquiry by members of the community demonstrated time and again that these fields are at the heart of our community, supporting mental and physical health as well as community connection.

Somerset Council argue their decision does not conflict with the designation of Asset of Community Value awarded to the fields in January 2023.  People For Packsaddle argue that it does. The decision to award the fields Asset of Community Value status was based on an acceptance that the public had use of the entire area of Packsaddle Community Fields. The Asset of Community Value was about more than our right to bid to purchase the land if it was ever offered for sale in the future. The extract from the local authority’s letter confirming the decision states: 

“This decision has been taken because in the opinion of the authority: 

• the current primary use of the land or use of the land in the recent past furthers the social well-being or social interests (cultural, recreational, or sporting interests) of the local community;
• it is realistic to think that now or in the next five years there could continue to be primary use of the  land which will further the social well-being or social interests of the local community.“

On 7th March, People for Packsaddle wrote to Councillor Mike Rigby, Somerset Council regarding the decision and asking for answers to a list of questions, which we believe to be in the public interest.

The timeline leading up to this action is as follows: 

• On 28th July 2022 LiveWest and Somerset Council enter into an Option Agreement for LiveWest to buy the land if they can secure planning permission
• In May 2023, LiveWest submitted their planning application to build on Packsaddle Community Fields
• In January 2025, the planning application was refused by the Somerset Council Planning East Committee, on the basis that the harms of the proposed development “significantly and demonstrably outweighed the benefits”.
• At a Planning Appeal in August 2025  the Planning Inspector, acting on behalf of the Secretary of State, listened to 4 days of evidence and came to exactly the same conclusion: that the harms of the proposed development “significantly and demonstrably outweighed the benefits”.
• On 20th October 2025, LiveWest sent a Pre-Action Letter to the Government Legal Department, in accordance with the Pre-Action Protocol for Judicial Review.
• On 29th October 2025, Somerset Council’s Head of Legal Services said, “We will give full support to the Secretary of State and maintain the Council’s position as set out in the appeal decision.” 
• On 3rd November 2025, the Government Legal Department (GLN) issued a legal response to the Pre-Action letter from LiveWest stating very clearly that the Inspector’s decision was correct. The GLN closed by saying that it “considers the claim to be unarguable. Should proceedings be issued, the Secretary of State will oppose the claim and seek its costs.” 
• LiveWest then chose not to pursue action. 
• On 3rd November 2025, Somerset Council announced their intention “to close the permissive path, and fence in the existing public footpath”.
• After the November 2025 announcement, People For Packsaddle sought a King’s Counsel legal opinion on the Council’s responsibilities with regard to the Option Agreement which concluded “there is a good argument that, properly construed, clause 4.10 does not oblige the Council to carry out the Proposed Works”.  Our legal opinion concluded that it was “highly doubtful that the Proposed Works would have any material impact on the contractual object of clause 4.10 – securing planning permission for residential development of the site”. We were told by Councillor Mike Rigby, Somerset Council Portfolio Holder for Economic Development, Planning and Assets, that this legal opinion would be carefully considered but we did not receive any feedback regarding this. It is worth noting that each time we have produced and argued a legal opinion, it has defeated that of the developer. Somerset Council would do well to remember that. 
• On 6th March the council announced they would proceed with this action and that work to fence off the fields would begin on Tuesday 8th March.