Agenda item

The Committee considered a report of the Head of Legal and Democratic Services regarding an application to register land as Town or Village Green, at The Green, Esh Winning, under the Commons Act 2006 (for copy see file of minutes).

The Planning and Development Solicitor informed the Committee that the application had been made by the Friends of Esh Winning Village Green and received in July 2009.  The application was accompanied by a plan of the locality/neighbourhood, together with 83 letters in support from householders in Esh Winning.  One objection had been received and subsequently withdrawn.

The application had been made under section 15 of the Commons Act 2006 whereby any person could apply to the Commons Registration Authority to register land as a town or village green if a Village Green has come into existence where a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports or pastimes on the land for a period of 20 years and they continue to do so at the time of the application.

The Planning and Development Solicitor clarified that it was necessary for the applicant to demonstrate;

• general use as oppose to mere occasional use,
• that the users within the locality or neighbourhood must possess a degree of cohesiveness,
• that use “as of right” can be defined as use without permission, secrecy or by force,
• that lawful sports and pastimes could be interpreted as general recreational use, such as childrens play, games, picnics, pastimes and sports,
• that the onus is on the applicant to prove the period of use on the balance of probabilities.

From the accompanying evidence provided with the application, the Planning and Development Solicitor concluded;

• that there were a significant number of users and the majority were from the surrounding areas within a locality defined as Brandon and Byshottles,
• that there was substantial use recorded which went back as early as the 1940’s and there was no suggestion that people had used it with permission of the landowner, with force or with secrecy,
• that the land had been used for recreational activities which could be broadly categorised as informal recreation and the playing of games,
• that the specific period of use would be defined as 20 years previous to the application date, this being 1989–2009, which equated to approximately three quarters of the user evidence,
• that the footpath marked on the plan could not be registered as village green as it’s use as a footpath excluded it from recreational use and pastimes.

The Planning and Development Solicitor informed the Committee that the applicant had proved on the balance of probabilities that the land referred to as The Green, excluding the footpath, had been used by a significant number of people from the surrounding neighbourhood within a locality, and that it was used and continued to be used as of right, for the purpose of lawful sports and pastimes, and that there had been continuous use of the land for at least 20 years immediately preceding the date of the application.

The Chairman of the Friends of Esh Winning Village Green stated that the application had been submitted in July 2009.  The grass space was left vacant purposely, for local people to enjoy when the houses were erected in the immediate area between 1948 and 1954.  A play area had been erected, a travelling fayre visited annually, and there was freedom for many other pastimes.  The group were of the opinion that the land was the only piece of central green space for the neighbourhood to enjoy and was therefore precious and in need of safeguarding.

Resolved:

That the area of land shown on plan 5a of the report (excluding the footpath shown shaded blue) at Appendix 1 be registered as a Town or Village Green.