Agenda and minutes

This item was taken after Item 4 and before Item 6.

1.       The Public Rights of Way and Commons Registration Officer introduced the report and said that the Council had received an application to register land known as The Downs at Herne Bay as a new Town or Village Green from Mr P. Rose.  She explained that at the time of the application Mr Rose was a local resident in Herne Bay but had since moved to another part of the country. The application had been made under Section 15 of the Commons Act 2006 which enabled any person to apply to a Commons Registration Authority to register land as a village green where it could be shown that a significant number of inhabitants had indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years.

2.       The Public Rights of Way and Commons Registration Officer explained that the matter was considered at a Regulation Committee Member Panel meeting on 13 June 2011 at which the matter was referred to a Public Inquiry for further consideration.  A Barrister (“’the First Inspector”) was instructed to hold a public inquiry which took place in 2011/12 who advised that the site be registered as a new village green except for two small areas. KCC Officers had concerns about this approach and took a second opinion which, along with evolving case law, resulted in a long delay and the re-opening of the Public Inquiry.

3.       The Public Rights of Way and Commons Registration Officer set out the officers’ concerns in respect of the First Inspector’s report, the findings of the Second Inspector’s report and their considerations and conclusions in relation to the legal tests that were required to be met for the application to be successful.

4.       The Public Rights of Way and Commons Registration Officer said officers supported the views set out in the Second Inspector’s Report and recommended, for the reasons set out in the Second Inspector’s report, that the application to register the land as a new Village Green should not be accepted.

5.       Mr Baldock asked, in relation to Section 22(2) of the Coast Protection Act 1949, which provides a Coastal Protection Authority with a power to ‘lay out public parks, pleasure grounds or recreation grounds’ over land held by it for coast protection purposes, whether there was any evidence that any powers had been enacted.  The Public Rights of Way and Commons Registration Officer said Canterbury City Council had made the land available for recreational purposes and therefore those using it for such were not trespassing.

6.       Mr Rayner proposed, and Mr Chittenden seconded, the recommendation set out at paragraph 112 in the report.

7.       The Chair put the motion set out in paragraph 6 to the vote and it was agreed unanimously.

8.       RESOLVED that, for reasons set out in the Second Inspector’s report dated 7 April 2022, that the Applicant be informed that the application to register the  ...  view the full minutes text for item 6.

This item was taken after Item 5 and before Item 3.

Ms Sarah Woolnough of Furley Page Solicitors (representing the Whitstable Oyster Fishery Company) was in attendance for this item.

1.          The Public Rights of Way and Commons Registration Officer introduced the report and said that the Council had received an application to register land known as Whitstable Beach as a new Town or Village Green from Mr P. McNally on behalf of the Whitstable Beach Campaign.  The application had been made under Section 15 of the Commons Act 2006 which enabled any person to apply to a Commons Registration Authority to register land as a village green where it can be shown that a significant number of inhabitants had indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years.

2.          The Public Rights of Way and Commons Registration Officer explained the matter had been going on for some time and was considered at a Regulation Committee Member Panel meeting on 19May 2015at which it was decided that the matter be referred to a Public Inquiry.  A Barrister was subsequently instructed to hold a Public Inquiry and the report was published on 7April 2022.

3.          The Public Rights of Way and Commons Registration Officer explained that the Application Site had previously been the subject of two applications for registration as a Village Green, both made under section 13 of the Commons Registration Act 1965 (which was the predecessor to section 15 of the Commons Act 2006), and these had been refused.

4.          The Public Rights of Way and Commons Registration Officer, as set out in the report, explained the legal tests the Council must consider in determining the application and the outcome of each test based on evidence received and collated.  She said for the application to be successful every test had to be met.

5.          The Public Rights of Way and Commons Registration Officer discussed the Inspector’s finding and explained that although Members were not bound by the Inspector’s Report, officers believed the Inspector’s approach was correct.  Officers agreed with the Inspector’s findings that the legal tests had not been met and recommended to Members, for the reasons set out in the Inspector’s report, that the application should not be accepted.

6.          Mr Dance informed the Panel that he was the Local Member for this application and confirmed he had taken no part in any discussions of the application and was able to approach the determination of the application with a fresh mind.

7.          The Chair referred to an email from the Applicant, Mr McNally, dated 13 September 2023, which was circulated to Panel Members prior to the meeting.

8.          The Chair put the recommendation set out at paragraph 117 in the report to the vote and it was agreed by the majority.

9.          RESOLVED that, for reasons set out in the Inspector’s report dated 7^th April 2022, that the applicant be informed that the  ...  view the full minutes text for item 7.

This Item was taken after Item 2 and before Item 4.

Mr Duncan Edwards, Ms Alison Bundock, Ms Lynne Lawrence, Mr Chris Passmore, Mr Tom Cannon, and Ms Katie Rowe (on behalf of BDW Trading Ltd) were in attendance for this item.

1.          The Public Rights of Way and Commons Registration Officer introduced the report and said that the Council had received an application to register an area of land at Bunyards Farm at Allington as a new Town or Village Green from Mr C Passmore, Mr J Willis, Mr T Wilkinson, Cllr P Harper, Mr T Walker, and Mr D Edwards.  The application had been made under Section 15 of the Commons Act 2006 which enabled any person to apply to a Commons Registration Authority to register land as a village green where it can be shown that a significant number of inhabitants had indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years.

2.          The Public Rights of Way and Commons Registration Officer set out the location of the site and informed Members that the site was subject to a planning application which was under consideration by the local authority.  She said this had no relevance on the decision being made in relation to the village green application and the two were separate legal processes.

3.          The Public Rights of Way and Commons Registration Officer set out the evidence that had been submitted in support of the application and the consultations that had been carried out.  She said that objection to the Application had been received from DAC Beachcroft LLP on behalf of the Landowners and BDW Trading Ltd.  She explained that BDW Trading Ltd had a legal interest in the land in the form of an option to purchase and set out the reasons why BDW Trading Ltd believed the application failed to meet the requirements.

4.          The Public Rights of Way and Commons Registration Officer, as set out in the report, explained the legal tests the Council must consider in determining the application, and the outcome of each test based on evidence received and collated.  She said that every single test had to be met for the application to be successful.  She said there were serious disputes within the evidence which officers had not been able to reconcile, and the officers’ recommendation was for a Public Inquiry to be held to enable further consideration of the evidence and oral testimony to be received from witnesses.

5.          Mr Duncan Edwards (Applicant) provided a statement in support of the application.  He said an ecological group had been working to develop a nature route from Allington to Barming and he had been involved in drawing up the facts about the land, during which he had collected 60 witness statements.  Mr Edwards highlighted key points including that fences had deteriorated over the last 20 years, and they were not sufficient to contain livestock.  He said at no point did the  ...  view the full minutes text for item 8.

There were no urgent items.