Agenda and draft minutes

Apologies were received from Mr Manion and Mr Baldock. Mr Ozog was present as substitute for Mr Manion.

There were no declarations of interest.

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 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 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 Applicants’ case was that access had been available from a number of points around the site and set out, as in the report and on the plan attached at Appendix B to the report, the different access points. She said the nature of the application site had varied considerably over the last few decades.

3.         The Public Rights of Way and Commons Registration Officer noted that the application site was subject to a separate outline planning application for a residential development which was currently under consideration by Tonbridge and Malling Borough Council and it had no bearing on the outcome of the village green application.

4.         The Public Rights of Way and Commons Registration Officer said the site was registered to the Trustees of the Andrew Cheale Will Trust and BDW Trading Ltd had a legal interest in the land in the form of an option to purchase. She explained that an objection to the application had been received during the consultation stage from these parties, as set out in the report.

5.         The application was previously considered at a Regulation Committee Member Panel meeting on 15 September 2023 where Members accepted the officer recommendation that the matter be referred to a Public Inquiry. The Public Inquiry took place during March 2024 where an Inspector was appointed by the Council to hear evidence from both sides in relation to the application. The Inspector had prepared a report setting out her findings and recommendation to the Council and this had been circulated to the Landowners and Applicant for their comments. A copy was also circulated to Panel Members for their consideration prior to the meeting.

6.         The Public Rights of Way and Commons Registration Officer explained, as set out in the report, the legal tests that must be considered in determining the application, and the outcome of each test based on evidence received and collated, including the Inspector’s opinion on each test.  She said for the application to be granted every test had to be met in full and if one test failed, the application falls to be rejected.

7.         The Public Rights of Way and Commons Registration Officer said the Inspector’s view was that the application should  ...  view the full minutes text for item 3.

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 at Beacon Road in Herne Bay as a new Town or Village Green from the Save the Beacon Road Community Land Committee.  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 provided an overview of the land and explained that the Applicants’ case was that the land had been used for 100 years as a public open space by the local community for leisure and recreational purposes as of right during a 20 year period.

3.         The Public Rights of Way and Commons Registration Officer said the necessary consultations had been undertaken and evidence from residents in support of the application had been received. District Councillor Mellish wrote in support of the application and Mr Watkins, the Local Member, responded in more neutral terms.

4.         The Public Rights of Way and Commons Registration Officer said that ownership of the site was registered to Canterbury City Council and explained the reasons why, as set out in the report, the application was opposed by the City Council.

5.         The Public Rights of Way and Commons Registration Officer explained, as set out in the report, the legal tests that must be considered in determining the application, and the outcome of each test based on evidence received and collated.  She said for the application to be granted every test had to be met in full and if one test failed, the application falls to be rejected.

6.         The Public Rights of Way and Commons Registration Officer said the evidence available indicated that the City Council took steps to secure the site by way of erection of a heras fence across the entrance on 18 December 2020, from which point entry to the application site became contentious. Where use ‘as of right’ ceases more than one year prior to the making of the application then the application must fail. In support of its objection the City Council provided copies of correspondence with a neighbouring property owner confirming that access to the site was prohibited.

7.         The Public Rights of Way and Commons Registration Officer considered, as set out in the report, that the legal tests in this particular case had not been met and recommended that the Applicant be informed that the application to register the land at Beacon Road at Herne Bay as a new Town or Village Green has not been accepted.

8.         Panel Members asked the Public Rights of Way and Commons Registration Officer questions for clarification purposes and the following was noted:  ...  view the full minutes text for item 4.

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 at Upper Castle Field at Tonbridge as a new Town or Village Green from Ms J Wyatt.  The application had been made under Section 15 of the Commons Act 2006 and the Commons Registration (England) Regulations 2014 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 provided an overview of the land and said the land was owned by Tonbridge and Malling Borough Council, who had not objected to the application, and the necessary consultations had been undertaken. No further objections had been received and the Local Members, Mr Hood and Mr Stepto, supported the application.

3.         The Public Rights of Way and Commons Registration Officer explained, as set out in the report, the legal tests that must be considered in determining the application, and the outcome of each test based on evidence received and collated.  She said for the application to be granted every test had to be met in full and if one test failed, the application falls to be rejected.

4.         The Public Rights of Way and Commons Registration Officer explained that the application plan at Appendix A had been amended to remove car parking spaces and part of a highway known as The Slade and the amended plan to be considered was shown at Appendix D.

5.         The Public Rights of Way and Commons Registration Officer said although the application was not opposed it was important all the legal tests had been met. She said she considered that the legal tests had been met and recommended that the Applicant be informed that the application to register the land known as Upper Castle Field at Tonbridge as a new Town or Village Green, subject to the amended plan at Appendix D, has been accepted.

6.         The Chairman asked who amended the plan and the Public Rights of Way and Commons Registration Officer explained that Kent County Council was the determining authority and had discretion to register a lesser area. She confirmed the reasons for the amendment had been explained to the Applicant.

7.         Ms Jacqui Wyatt (Applicant) explained that there was evidence of personal use going back 78 years and a local history guide had been published with pictures showing how the land had been used during that time.

8.         Local Member, Mr Paul Stepto, provided a statement in support of the application and explained that for many years people (including a nearby school) had used the site for recreational activities including family picnics, dog walking and community events.

9.         Local Member, Mr Hood, provided a statement in support of the  ...  view the full minutes text for item 5.

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 Burton Down Park at Herne Bay as a new Town or Village Green from Canterbury City Council. The application had been made under Section 15(8) of the Commons Act 2006 which enabled the owner of any land to apply to voluntarily register land as a new Village Green without having to meet the qualifying criteria.

2.         The Public Rights of Way and Commons Registration Officer provided an overview of the land and explained that, in respect of voluntary applications, there was no need for any legal tests to be met and the relevant criteria for the voluntary registration of land as a new Town or Village Green under section 15(8) of the Commons Act 2006 required only that the County Council was satisfied that the land was owned by the applicant.

3.         The Public Rights of Way and Commons Registration Officer said the necessary consultations had been carried out and the Local Member, Mr Watkins, supported the application. She said no objections had been received, and the Land Registry search confirmed that Canterbury City Council was the owner of the land.

4.         Mr Bond proposed, and Mr Cole seconded, the recommendation in the report that the Applicant be informed that the land known as Burton Down Park has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a village green, and it was agreed unanimously.

5.      RESOLVED that the Applicant be informed that the application to register the land known as Burton Down Park has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a village green.

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 Marley Fields at Hoath as a new Town or Village Green from Hoath Parish Council. The application had been made under Section 15(8) of the Commons Act 2006 which enabled the owner of any land to apply to voluntarily register land as a new Village Green without having to meet the qualifying criteria.

2.         The Public Rights of Way and Commons Registration Officer provided an overview of the land and explained that, in respect of voluntary applications, there was no need for any legal tests to be met and the relevant criteria for the voluntary registration of land as a new Town or Village Green under section 15(8) of the Commons Act 2006 required only that the County Council was satisfied that the land was owned by the applicant.

3.         The Public Rights of Way and Commons Registration Officer said the land had been given to Hoath Parish Council by the developer. She said the necessary consultations had been carried out and no objections had been received, and the Land Registry search confirmed that Hoath Parish Council was the owner of the land.

4.         Mr Ozog proposed, and Mr Bond seconded, the recommendation in the report that the Applicant be informed that the land known as Marley Fields at Hoath has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a village green, and it was agreed unanimously.

5.      RESOLVED that the Applicant be informed that the application to register the land known as Marley Fields at Hoath has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a Town or Village Green.

There were no urgent items.