Agenda and draft minutes

There were no apologies or substitutes.

There were no declarations of interest.

1.      Ms Melanie McNeir (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 on the south side of Quantock Drive at Ashford as a new village green from Mr Paul Bartlett.  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.      Ms McNeir provided an overview of the application site, including access points, and explained that Heras fencing had been erected after the application was made and this was not relevant to the determination of the application.

3.      Ms McNeir said the necessary consultations had been undertaken and evidence from residents in support of the application had been received (summarised at Appendix C of the report).

4.      As set out in the report, Ms McNeir 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.      Ms McNeir highlighted that a village green registration was an important decision, all tests must be strictly proved, and the interests of both the landowner and residents must be considered. She recommended that the most appropriate course of action in this case was to hold a Public Inquiry where a barrister would be instructed to act as an Inspector to hear evidence both in favour of and in opposition to the application. Ms McNeir explained that, if a Public Inquiry took place, a future Member Panel would determine the application based on the Inspector’s advice. She highlighted that any decision made by a Member Panel could be subject to Judicial Review in the High Court.

6.      Ms McNeir responded to questions of clarification from Panel Members including the following:

·         Further information from Ashford Borough Council regarding the installation of the playground had been requested. Ms McNeir believed it had been there throughout the 20-year period.

·         The land was owned by Blue Sky Estates before it was purchased by the current landowner.

·         Any future use of the land was not taken into account by KCC in relation to the village green application.

·         82 evidence questionnaires had been submitted.

·         Following internal procurement procedures, the Public Inquiry would likely take place in the spring of 2026, with a decision expected in the summer.

·         The cost of a Judicial Review would be substantially more than a Public Inquiry, however this was not taken into account as part of the decision-making process.

7.      The Applicant, Mr Paul Bartlett, addressed some of the points included at paragraph 15 of the report. Regarding a recognisable locality of the area he said this  ...  view the full minutes text for item 3.

This item was taken after Item 5.

1.         Ms Melanie McNeir, 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 Trilby Way at Whitstable 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. Ms McNeir explained the application had been made in connection with the City Council’s aims of increasing protected green space and to safeguard the land against potential future development.

2.      Ms McNeir explained that, as required by the regulations, Notice of the application had been published on KCC’s website. She provided an overview of the land, including access points, and explained that the plan at Appendix A included a path crossing the application site which was not within the ownership of the Applicant and had been excluded for the purposes of registration.

3.      The Land Registry search confirmed that Canterbury City Council was the owner of the land and Ms McNeir said the land if registered as a village green, would continue to be maintained by Canterbury City Council.

4.      Ms McNeir explained that it was necessary to identify the locality in which the users of the land reside and confirmed that Seasalter was the qualifying locality for the purposes of this application.

5.      Mr Stuart Heaver, the Local Member, addressed the Panel in support of the application.

6.      The Chair put the recommendation in the report, that the Applicant be informed that the application to register land at Trilby Way at Whitstable has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a village green, to the vote and it was agreed unanimously.

7.      RESOLVED that the Applicant be informed that the application to register land at Trilby Way at Whitstable has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a village green.

This item was taken after Item 3.

1.         Ms Melanie McNeir, 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 Duncan Down at Whitstable as a new Town or Village Green from Hyde Housing Association Ltd. 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. Ms McNeir explained that the application was the culmination of longstanding negotiations between the developer of the adjoining residential estate and the Friends of Duncan Down to preserve the area as a recreational facility and wildlife habitat, and to safeguard the land against possible future development.

2.         Ms McNeir 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. Ms McNeir highlighted that Appendix A to the report included areas of land surrounding the application land which had historically been granted village green status.

3.         Ms McNeir said the necessary consultations had been carried out and no objections had been received. The Land Registry search confirmed that Hyde Housing Association Ltd was the owner of the land.

4.         Ms McNeir explained that it was necessary to identify the locality in which the users of the land reside and confirmed that the electoral ward of Gorrell was the qualifying locality for the purposes of this application.

5.         Ms McNeir and Mr Ashley Clark (Secretary to the Friends of Duncan Down) answered questions of clarification from Panel Members which related to the different areas of the map at Appendix A, and previous applications for village green status on the surrounding land.

6.         Mr Ashley Clark, Secretary to the Friends of Duncan Down, addressed the Panel in support of the application. He explained that the land was managed in partnership with Canterbury City Council and had been run as a nature reserve since 2005. During the last 20 years the land had received 20 Green Flag Awards for excellence. Mr Clark explained that the Friends of Duncan Down spent approximately 1000 hours a year maintaining the land and had a good relationship with the developer. Mr Clark urged the Panel to accept the officer recommendation.

7.         Mr Stuart Heaver, the Local Member, addressed the Panel in support of the application. He described the site as a historical landmark and paid tribute to Mr Clark and his team for their hard work. He said it was a community effort supported by the residents of Whitstable. He highlighted that green spaces were much needed to offset development  ...  view the full minutes text for item 5.

There were none.