Agenda 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 at Upper Castle Field at Tonbridge as a new Town or Village Green from Ms J Wyatt.  The application had been made under Section 15 of the Commons Act 2006 and the Commons Registration (England) Regulations 2014 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 provided an overview of the land and said the land was owned by Tonbridge and Malling Borough Council, who had not objected to the application, and the necessary consultations had been undertaken. No further objections had been received and the Local Members, Mr Hood and Mr Stepto, supported the application.

3.         The Public Rights of Way and Commons Registration Officer explained, as set out in the report, the legal tests that must be considered in determining the application, and the outcome of each test based on evidence received and collated.  She said for the application to be granted every test had to be met in full and if one test failed, the application falls to be rejected.

4.         The Public Rights of Way and Commons Registration Officer explained that the application plan at Appendix A had been amended to remove car parking spaces and part of a highway known as The Slade and the amended plan to be considered was shown at Appendix D.

5.         The Public Rights of Way and Commons Registration Officer said although the application was not opposed it was important all the legal tests had been met. She said she considered that the legal tests had been met and recommended that the Applicant be informed that the application to register the land known as Upper Castle Field at Tonbridge as a new Town or Village Green, subject to the amended plan at Appendix D, has been accepted.

6.         The Chairman asked who amended the plan and the Public Rights of Way and Commons Registration Officer explained that Kent County Council was the determining authority and had discretion to register a lesser area. She confirmed the reasons for the amendment had been explained to the Applicant.

7.         Ms Jacqui Wyatt (Applicant) explained that there was evidence of personal use going back 78 years and a local history guide had been published with pictures showing how the land had been used during that time.

8.         Local Member, Mr Paul Stepto, provided a statement in support of the application and explained that for many years people (including a nearby school) had used the site for recreational activities including family picnics, dog walking and community events.

9.         Local Member, Mr Hood, provided a statement in support of the application. He said the Slade was very much a community and thanked officers for amending the plan. He said the raised area of land was often the only dry piece of green space in town and was used regularly by children.

10.    Mr Bond proposed, and Mr Ozog seconded, the recommendation in the report that the Applicant be informed that the land known as Upper Castle Field at Tonbridge has been accepted (per the amended plan shown at Appendix D) and that the land subject to the application be formally registered as a Town or Village Green, and this was agreed unanimously.

11.    RESOLVED that the Applicant be informed that the application to register the land known as Upper Castle Field at Tonbridge has been accepted (per the amended plan shown at Appendix D) and that the land subject to the application be formally registered as a Town or Village Green.