Agenda item

(1)       The Panel visited the application site before the meeting. This visit was attended by Mrs L Dash (applicant).

(2)       The Commons Registration Officer began her presentation by saying that the application had been made under section of the Commons Act 2006.  It had been accompanied by 72 user evidence forms and other supporting documentation.

(3)       The land in question had been given to Ashford BC in 1974 by Rush and Thompkins who had built the houses around the land.  The local residents had used it as a recreational area and community hub. 

(4)       The Commons Registration Officer confirmed that Ashford BC had been consulted in its capacity as the landowner. In response, the Borough Council had stated that it would not be opposing the application.

(5)       The Commons Registration Officer said that registration could only take place if each of the legal tests was met, even though the landowner was not opposing the application.  The first test was whether use of the land had been “as of right.”  She said that access was free and unhindered and that there was no evidence of use having been with permission. She therefore considered that this test had been met.

(6)       The Commons Registration Officer replied to a question from Mr Manion by saying that the “No Golf” sign that had been put up by the Borough Council certainly disqualified that particular activity from being considered as a lawful sport or pastime.  It could not, however, be used as evidence that use of the site had been “as of right” because case law had established that any such sign had to communicate to the local inhabitants that the landowner was giving them permission to use the land.  A statement that golf could not be played on the land did not serve this purpose.

(7)       The Commons Registration Officer said that the user evidence forms had described a wide range of activities.  It was therefore clear that the land had been used for lawful sports and pastimes.

(8)       The Commons Registration Officer said that the town of Ashford was a qualifying locality and that Bockhanger with its primary school, shops and community centre, qualified as a neighbourhood within the locality.  It was also clear that 71 people from this neighbourhood had personally used the site. This meant that use had been by a sufficient number of local inhabitants to indicate to the landowner that the land in question was in general use.  She had therefore concluded that use had been by a significant number of inhabitants of a neighbourhood within a locality.

(9)       The Commons Registration Officer concluded her presentation by saying that the final two tests had also been met as use of the land had continued for more than twenty years up to and beyond the date of application. She recommended that, as all the legal tests had been met, registration should take place.

(10)     Mrs L Dash (applicant) thanked the Commons Registration Officer for her helpfulness in guiding her through the process. This help had been invaluable to her as she had never previously been involved in any form of official public activity.

(11)     Mr J N Wedgbury (Local Member) congratulated Mrs Dash on her work in preparing the application. He commented that he was delighted to see this area of land being designated as a Village Green.

(12)     Mr S C Manion moved, seconded by Mr M Baldock that the recommendations of the Head of Regulatory Services be agreed.

                                                                                    Carried unanimously

(13)     RESOLVED that the applicant be informed that the application to register land at Grasmere Road in Ashford in Ashford as a new Town or Village Green has been accepted, and that the land subject to the application be registered as a Village Green.