Agenda item

Mr Paul Bartlett, Councillor Andrew Buchanan and Mrs Pauline Lowman were 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 an area of land at Quantock Drive at Ashford as a new Town or Village Green from Mr P Bartlett in his capacity as the Local Member and on behalf of the community that he represents. 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 provided an overview of the land and explained the legal tests the Council must consider in determining the application, and the criteria and outcome of each test. She said the necessary consultations had been undertaken and evidence from residents in support of the application had been received.

3.          The Public Rights of Way and Commons Registration Officer explained that the land was sold at auction within days of the application being made.  She said the landowner had not engaged with officers regarding the application and different steps had been taken to contact them, consultation notices had been placed on the land, and a press article appeared on Kent Online.  The Public Rights of Way and Commons Registration Officer clarified that the lack of objection did not affect the outcome of the application and for the application to be successful the legal tests needed to be met.

4.          Having set out those tests in connection with the evidence received in support of the application, the Public Rights of Way and Commons Registration Officer recommended to Members that, for the reasons set out in the report and explained to the Panel, the legal tests had been met and the applicant should be advised that the application has been accepted (and the land be registered as a Village Green).

5.          Mr Baldock asked for clarification regarding the boundary of the land where it appeared an area had been missed off and the Public Rights of Way and Commons Registration Officer confirmed this was the plan submitted by the applicant and it was not possible to change the boundaries.

6.          Mr Chittenden asked whether photos had been provided in evidence of the use of the land and the Public Rights of Way and Commons Registration Officer confirmed they had.

7.          Mr Paul Bartlett (Applicant) addressed the Panel in support of the application.  He said he felt sufficient publicity had taken place to make the landowner aware of the application including an interview on Radio Kent.  Mr Bartlett clarified that the boundary line on the application plan had been made freehand.  He said the land was the only Asset of Community Value on the estate and served as a meeting place including public meetings in relation to the application.  He said the application was timely as the Borough Council had called for sites for the next local plan and it was vital the land be registered to avoid the risk of development on the land.

8.          Councillor Andrew Buchanan addressed the Panel in support of the application.  He said the Quantock Estate was almost a village in itself due to its position between main roads. He said residents who had lived there since the estate was built in the 1960s had been led to believe that the land was part of the landscaping scheme and for as long as they could remember had been maintained by the Council.

9.          Mrs Pauline Lowman, a local resident, addressed the Panel in support of the application. She said the land had been used daily by dog walkers, was a meeting place for local residents and had always been a valued space especially during the Covid-19 pandemic lockdown.  She said the land had many trees with preservation orders.  She said she had lived opposite the land for 52 years and it had been used by her children when they were young and was now enjoyed by her grandchildren.

10.      Mr Rayner proposed, and Mr Dance seconded, the recommendation in the report.

11.      Mr Baldock asked whether a second application was possible for the land not included within the boundary on the Applicant’s plan and the Public Rights of Way and Commons Registration Officer advised that, in theory, this could be done provided that there was evidence of use available specific to those small pieces of land.

12.      The Chair put the motion set out in paragraph 46 of the report to the vote and it was agreed unanimously.

13.      RESOLVED that the applicant be informed that the application to register land at Quantock Drive at 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.