Agenda item

This item was taken after Item 5 and before Item 3.

Ms Sarah Woolnough of Furley Page Solicitors (representing the Whitstable Oyster Fishery Company) was in attendance for this item.

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 Whitstable Beach as a new Town or Village Green from Mr P. McNally on behalf of the Whitstable Beach Campaign.  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 can 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 the matter had been going on for some time and was considered at a Regulation Committee Member Panel meeting on 19May 2015at which it was decided that the matter be referred to a Public Inquiry.  A Barrister was subsequently instructed to hold a Public Inquiry and the report was published on 7April 2022.

3.          The Public Rights of Way and Commons Registration Officer explained that the Application Site had previously been the subject of two applications for registration as a Village Green, both made under section 13 of the Commons Registration Act 1965 (which was the predecessor to section 15 of the Commons Act 2006), and these had been refused.

4.          The Public Rights of Way and Commons Registration Officer, as set out in the report, 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.          The Public Rights of Way and Commons Registration Officer discussed the Inspector’s finding and explained that although Members were not bound by the Inspector’s Report, officers believed the Inspector’s approach was correct.  Officers agreed with the Inspector’s findings that the legal tests had not been met and recommended to Members, for the reasons set out in the Inspector’s report, that the application should not be accepted.

6.          Mr Dance informed the Panel that he was the Local Member for this application and confirmed he had taken no part in any discussions of the application and was able to approach the determination of the application with a fresh mind.

7.          The Chair referred to an email from the Applicant, Mr McNally, dated 13 September 2023, which was circulated to Panel Members prior to the meeting.

8.          The Chair put the recommendation set out at paragraph 117 in the report to the vote and it was agreed by the majority.

9.          RESOLVED that, for reasons set out in the Inspector’s report dated 7^th April 2022, that the applicant be informed that the application to register the land known as Whitstable Beach as a new Village Green has not been accepted.