Agenda item

This item was taken after Item 3.

1.         Ms Melanie McNeir, 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 Duncan Down at Whitstable as a new Town or Village Green from Hyde Housing Association Ltd. 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. Ms McNeir explained that the application was the culmination of longstanding negotiations between the developer of the adjoining residential estate and the Friends of Duncan Down to preserve the area as a recreational facility and wildlife habitat, and to safeguard the land against possible future development.

2.         Ms McNeir 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. Ms McNeir highlighted that Appendix A to the report included areas of land surrounding the application land which had historically been granted village green status.

3.         Ms McNeir said the necessary consultations had been carried out and no objections had been received. The Land Registry search confirmed that Hyde Housing Association Ltd was the owner of the land.

4.         Ms McNeir explained that it was necessary to identify the locality in which the users of the land reside and confirmed that the electoral ward of Gorrell was the qualifying locality for the purposes of this application.

5.         Ms McNeir and Mr Ashley Clark (Secretary to the Friends of Duncan Down) answered questions of clarification from Panel Members which related to the different areas of the map at Appendix A, and previous applications for village green status on the surrounding land.

6.         Mr Ashley Clark, Secretary to the Friends of Duncan Down, addressed the Panel in support of the application. He explained that the land was managed in partnership with Canterbury City Council and had been run as a nature reserve since 2005. During the last 20 years the land had received 20 Green Flag Awards for excellence. Mr Clark explained that the Friends of Duncan Down spent approximately 1000 hours a year maintaining the land and had a good relationship with the developer. Mr Clark urged the Panel to accept the officer recommendation.

7.         Mr Stuart Heaver, the Local Member, addressed the Panel in support of the application. He described the site as a historical landmark and paid tribute to Mr Clark and his team for their hard work. He said it was a community effort supported by the residents of Whitstable. He highlighted that green spaces were much needed to offset development and to provide a green buffer between housing estates.

8.         Panel Members asked about maintenance of the land and Mr Clark explained that the Friends of Duncan Down would continue to maintain the land and Canterbury City Council would continue to cut the grass.

9.         The Chair put the recommendation in the report, that the Applicant be informed that the application to register land at Duncan Down at Whitstable has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a village green, to the vote and it was agreed unanimously.

10.      RESOLVED that the Applicant be informed that the application to register land at Duncan Down at Whitstable has been accepted and the land subject to the application (as shown at Appendix A) be formally registered as a village green.