Windbreak falls foul of overzealous council officials

A Bristol family found themselves on the wrong side of the law – for putting up a windbreak so they could have a picnic on the Downs. When the Hacker family headed to Clifton for a picnic they were looking forward to a pleasant day out in the sunshine. But little did they know their harmless windbreak would soon send the authorities racing to the scene. A pair of "strict" council officers ordered them to take down their protection from the elements as it contravened the byelaws of Clifton and Durdham Downs. Their crime: "Erecting a semi-permanent structure". At about 12.30pm on a breezy Sunday, Jon and Claire Hacker, their daughters Sophie, 11, and Emily, eight, drove from their home in Knowle Park to the popular green space.

Sophie's friend Erika, 11, who was visiting from Spain, was also looking forward to a nice game of cricket and a picnic. They set up their pitch, put up the windbreak and had a little game. But after about an hour, a council vehicle pulled up and two council officers stepped out. Mr Hacker said: "One of them asked who had erected the 'semi-permanent structure'. "'Are you on about the windbreak?' I said. He said that windbreaks weren't allowed due to the byelaws on the Downs. One of them gave me a leaflet about the byelaws and it said you weren't allowed to put up tents or a gazebo, but it didn't say anything about windbreaks.


Photo from SWNS.

"Both my family and I were shocked to be informed that we were breaking the law. I think they were being very strict." Mr Hacker, 41, of Melbury Road, was told what made the windbreak "semi-permanent" was the fact that stakes had been driven into the ground to secure it. So the family did as they were told and took it down. The Downs has been managed by the Downs Committee since the 1861 Clifton and Durdham Downs (Bristol) Act. Committee members are appointed in equal numbers from the city council and the Society of Merchant Venturers and byelaws have been made "to preserve the quality of the site and its landscape". Article 5 of the byelaws, headed "erection of structures", states: "No person shall on the Downs, without the consent of the Downs Committee, erect any post, rail, fence, pole, tent, booth, stand, building or other structure."

Anyone contravening the byelaws, which also ban driving cars on the grass and lighting fires, could get a fixed penalty or a maximum fine of £500 if the case goes to court. On seeing the byelaws in full, Mr Hacker said: "What a totally rubbish byelaw. What if I want to put up a sun shade to protect my kids from the sun? I was only trying to get the kids out and about, as the council wants." A city council spokesman said: "We apologise to the gentleman and his family. Clearly there needs to be discretion when enforcing the byelaws of the Downs. They are designed to prevent tents and gazebos being put up on the Downs, but there should be flexibility to allow families to use windbreaks – we shall instruct our enforcement officers and rangers on this basis."