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 Beacon Road in Herne Bay as a new Town or Village Green from the Save the Beacon Road Community Land Committee.  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 provided an overview of the land and explained that the Applicants’ case was that the land had been used for 100 years as a public open space by the local community for leisure and recreational purposes as of right during a 20 year period.

3.         The Public Rights of Way and Commons Registration Officer said the necessary consultations had been undertaken and evidence from residents in support of the application had been received. District Councillor Mellish wrote in support of the application and Mr Watkins, the Local Member, responded in more neutral terms.

4.         The Public Rights of Way and Commons Registration Officer said that ownership of the site was registered to Canterbury City Council and explained the reasons why, as set out in the report, the application was opposed by the City Council.

5.         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.

6.         The Public Rights of Way and Commons Registration Officer said the evidence available indicated that the City Council took steps to secure the site by way of erection of a heras fence across the entrance on 18 December 2020, from which point entry to the application site became contentious. Where use ‘as of right’ ceases more than one year prior to the making of the application then the application must fail. In support of its objection the City Council provided copies of correspondence with a neighbouring property owner confirming that access to the site was prohibited.

7.         The Public Rights of Way and Commons Registration Officer considered, as set out in the report, that the legal tests in this particular case had not been met and recommended that the Applicant be informed that the application to register the land at Beacon Road at Herne Bay as a new Town or Village Green has not been accepted.

8.         Panel Members asked the Public Rights of Way and Commons Registration Officer questions for clarification purposes and the following was noted:

·                The buildings on the site were part of the former clubhouse and if village green status was granted the buildings would be entitled to stay but de-registration of the land would be required in order to extend the footprint of the building.

·                The Public Rights of Way and Commons Registration Officer was not aware of any information regarding the erection of the rear garden gates of neighbouring properties or whether there was a formal right of access. If a private easement was contained in the title deeds it would not qualify for the purposes of the village green registration. The number of people with rear garden gates may not be significant enough, for the purposes of the village green application, to indicate the land was used by the general community.

·                The Applicant’s case is that the heras fencing was at some point breached, however correspondence from a neighbouring landowner confirmed that for 18 months there was no access to the application site. 

9.         Mr Trevor Huffey (Applicant) provided a statement and said the land had been used as of right since the late 1800s by the general public for various activities including dog walking which was a daily routine. He said the heras fencing which was erected at the end of 2020 was not secure and there was a gap at the side that the public used. It was assumed the heras fencing was erected to stop cars from parking there. There was no mention of pedestrian access being barred and the land continued to be used as no objections were made. Mr Huffey said he was not aware of any correspondence from the neighbouring landowner and said the people of Beacon Road were part of the locality.

10.      Mr Huffey said no further action was taken by the city council following the heras fencing being erected in 2020 until April 2023 when the city council erected a high palisade fence. Following this the applicants wrote to the city council on several occasions over a period of 10 months but did not receive a detailed response. In April of this year the local councillor spoke to the city council’s Head of Property and Regeneration and it was agreed that a meeting regarding future use would be helpful, but regrettably the applicants heard nothing further. The land was made an Asset of Community Value in May 2024.  The Canterbury District Local Plan identified the land as open space, however under the proposals for the new local plan the land would be re-categorised as a sports ground. 

11.      In respect of the outcome of the village green application Mr Huffey would request that the city council clarify the position regarding the local plan and their intended use of land. Following the recommendation of the officers he said the Applicants believed the next step would be a public inquiry or a judicial review, however the small community group did not have the funds to take it to that stage and therefore would like the land to be granted village green status.

12.      Mr Bond asked about the gap in fencing referred to by the Applicant and the Public Rights of Way and Commons Registration Officer referred to page 33 of the agenda pack which showed pictures of the heras fencing (top), and palisade fencing (bottom) where the fencing went across the boundary. Correspondence from the adjoining landowner on 19 December 2020 and 19 August 2022 states that the city council had blocked access to the land indicating that the fence was at one time secure. The Public Rights of Way and Commons Registration Officer commented that if people were squeezing through a gap then arguably they were not accessing the site openly and freely.

13.      Mr Ozog commented that if the village green status was granted it may well interfere with the use of the land by the sports club and the Public Rights of Way and Commons Registration Officer confirmed this was the case.

14.      Mr Ozog proposed, and Mr Bond seconded, the recommendation in the report that the Applicant be informed that the land known as Beacon Road in Herne Bay has not been accepted as a village green, and this was unanimously agreed.

15.      Mr Cole referred to the gap to the side of the heras fence and said he would interpret that as the site being closed and supported the officer recommendation.

16.      RESOLVED that the Applicant be informed that the application to register the land known as Beacon Road in Herne Bay as a Town or Village Green has not been accepted.