Agenda item

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 land known as The Downs at Herne Bay as a new Village Green has not been accepted.