Agenda item

(1)       The Panel visited the application site before the meeting.

(2)       The Commons Registration Officer began her presentation by saying that the application had been made by Kingsnorth PC under section 15 of the Commons Act 2006.  It had been accompanied by 22 user evidence forms and other supporting documentation.

(3)       The land in question was owned by Ashford BC. The Borough Council had provided written confirmation that it had no objection to the application.

(4)       The Commons Registration Officer moved on to consideration of the legal tests, which all needed to be met if registration was to take place.  She said that there were no restrictions on entrance to the site and that there was also no evidence that the landowner had ever granted permission for people to do so.  Use of the land had therefore been “as of right.”

(5)       The Commons Registration Officer then said that the user evidence forms had described a range of activities.  The land in question had therefore been used for the purposes of lawful sports and pastimes. 

(6)       The Chairman noted that Ashford BC had put up some swings on the land.  He asked whether the Borough Council would continue to be responsible for them.  The Commons Registration Officer confirmed that this would be the case.

(7)       The Commons Registration Officer said that use had been by residents of the neighbourhood of Kingsnorth Village within the locality of Kingsnorth Parish.  Half the residents of Riverside Close in Kingsnorth Village had provided evidence that they had used the land. This would have been enough to indicate to the landowner that the application site was in general use by the local community.  Accordingly, the site had been used by a significant number of inhabitants of a neighbourhood within a locality.

(8)       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 therefore recommended that, as all the legal tests had been met, registration should take place.

(9)       Mr Manion asked whether the fact that Ashford BC had put up swings on the land could be seen as giving implied permission. The Commons Registration Officer replied that this question had been addressed in the Beresford case.  The court had ruled that putting up equipment to encourage use did not communicate a permission which could be revoked.  The same principle applied in respect of this application.

(10)     Mr J N Wedgbury addressed the Panel in his capacity as a Member of Kingsnorth PC.  He thanked the Commons Registration Officer for producing a comprehensive report and explained that the long term plan was for Ashford BC to pass the land to Kingsnorth PC and protect the access to it.

(11)     Mr M J Angell addressed the Panel as the Local Member. He said that the history of Ashford BC’s plans for the land in question and any future plans it might have for land ownership were entirely irrelevant. He asked the Panel to concentrate entirely on the question of whether the legal tests had been met.

(12)     Mr M Baldock moved, seconded by Mrs V J Dagger 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 the land at Riverside Close at Kingsnorth as a new Village Green has been accepted and that the land subject to the application be formally registered as a Village Green.