Agenda item

Mr Mark Dance (Local Member) and Ms Rebecca Booth (Canterbury City Council) were in attendance for this item.

1.          Mr Mark Dance informed the Panel that he was in attendance as the Local Member for this application and was therefore not a Member of the Panel for this item and would not form part of the decision making.

2.          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 West Cliff Bank at Whitstable as a new Town or Village Green from Canterbury City Council. The application had been made under Section 15(8) of the Commons Act 2006 which enabled the owner of any land to apply to voluntarily register land as a new Village Green without having to meet the qualifying criteria.

3.          The Public Rights of Way and Commons Registration Officer provided an overview of the land and explained that, in respect of voluntary applications, there was no need for any legal tests to be met and the relevant criteria for the voluntary registration of land as a new Town or Village Green under section 15(8) of the Commons Act 2006 required only that the County Council was satisfied that the land was owned by the applicant.

4.          The Public Rights of Way and Commons Registration Officer said the Land Registry search confirmed that Canterbury City Council was the owner of the land and recommended to Members that the applicant should be advised that the application has been accepted.

5.          Mr Baldock asked if Canterbury City Council would have an obligation to maintain the land if they became the registered landowner, and the Public Rights of Way and Commons Registration Officer said there was no legislation specific to Village Greens that required landowners to maintain land, but they did have a responsibility under the Occupiers Liability Acts to ensure land was safe to use.

6.          Ms Rebecca Booth (Applicant) on behalf of the Friends of West Cliff Bank Group made the following statement:

“We are delighted that West Cliff Bank is being considered today for village green status. The Friends of West Cliff Bank have enjoyed huge support from local residents, environmental organisations and Canterbury City Council since this project started in 2021. We were delighted in the Autumn of 2021 to have unanimous agreement from Canterbury City Council members that this tranche of land between West Cliff and the Golf Course in the town centre of Whitstable should be put forward to become a village green.

The land had been largely untended for ten years and is now a thriving habitat for plants and animals, a precious biodiversity that the Friends group has been keen to support and maintain whilst opening up this green space for the enjoyment of local residents. Getting this balance right is always difficult but the Friends group has engaged many environmental and wildlife organisations to get advice including the Butterfly Conservation Trust, Kent Reptile and Amphibian Group, Kent Field Club, Natural Whitstable, Kent Tree and Pond Wardens and Jon Ford Environmental Consultancy. We have benefitted from comprehensive surveys and received detailed reports which have confirmed what we already knew that West Cliff Bank provides a rich and varied habitat for hundreds of native species of plants and animals. We are using this information to develop a management plan which will enable us to protect the flora and fauna on West Cliff Bank going forward.

Local residents have engaged with the Friends of West Cliff Bank from the beginning, with around 160 people joining our group. We have a core committee of 8 people who meet regularly to manage our plans and discuss future strategy. In September 2022, we started a monthly volunteer action morning which takes place on the first Saturday of the month and is open to all members of our group. Armed with tools donated by Canterbury City Council, we have concentrated on creating a single pathway across the scrub from one entry point on West Cliff to the other on the golf course causeway. The path has been cut back carefully to create minimum impact. Along the way, working with the Butterfly Conservation Trust, we have created a butterfly bed planted with sorrel and teasel to attract the elusive Fiery Clearwing and form part of a corridor for this rare moth across Kent. 

Before our volunteer days, it was almost impossible to enter the land but now we have a clear route through enabling access for local people. Once West Cliff Bank has the village green status it deserves, the Friends group will be able to start fundraising to put in steps on the slopes, working with Canterbury City Council to make the land fully accessible to everyone so that the people of Whitstable can really benefit from this beautiful green corner of Whitstable.”

7.          Mr Dance (Local Member) addressed the Panel in support of the application. He said he had visited the site and fully supported the application.

8.          Mr Rayner proposed, and Mr Baldock seconded, the recommendation in the report.

9.          The Chair put the motion set out in paragraph 19 of the report to the vote and it was agreed unanimously.

10.      RESOLVED that the applicant be informed that the application to register land at West Cliff bank at Whitstable as a new Town or Village Green has been accepted, and that the land subject to the application be registered as a Village Green.