The Development Control Committee of Hertfordshire Council is scheduled to convene on Thursday, 23 July 2026. The meeting's agenda includes a report on village green applications for Singlers Marsh, Welwyn, which is an addendum to a previous report. Other items on the public agenda include the confirmation of minutes from a previous meeting, the opportunity for public petitions, and the consideration of any submitted motions.

Singlers Marsh, Welwyn - Village Green Applications Addendum

A significant item scheduled for discussion is an addendum report concerning applications to register Singlers Marsh, located north of Welwyn, as a village green. This report follows up on questions and concerns raised at the March 2026 committee meeting regarding the Inspector's and officers' recommendation not to register the land. The core of the discussion revolves around the legal principle of statutory incompatibility between the land's designation as a Local Nature Reserve (LNR) and its potential registration as a village green.

The report details that Singlers Marsh is owned by Welwyn Hatfield Borough Council (WHBC) and was declared an LNR in May 2009. The applications for village green status were made in 2020 and 2022, supported by over 1,000 user evidence forms. However, the Inspector's report highlights that the conservation purpose of an LNR takes precedence over recreational use, potentially leading to statutory incompatibility. This principle, established by Supreme Court cases such as R (NHS Property Services Ltd) v Surrey County Council, suggests that recreational rights should not hinder necessary public functions.

The report also addresses the argument that public use of Singlers Marsh has been by permission rather than as of right, a key legal requirement for village green registration. WHBC contends that the land's management as public open space since 1967 means any use has been permissive. The addendum report aims to clarify points raised by members, including the potential for an LNR to exist on land designated as a village green, referencing cases like Stokes Field in Surrey. It reiterates that the Inspector's recommendation to refuse the applications, based on statutory incompatibility and permissive use, remains the position. The report also notes that planning considerations, such as local plans or neighbourhood plans, are not relevant to the determination of village green applications, which are governed solely by statute and case law.

Other Agenda Items

The committee is also scheduled to confirm the minutes of its previous meeting held on 26 March 2026. There will be an opportunity for members of the public to present petitions relating to matters within the committee's remit, provided they meet the required notification and signature thresholds. Additionally, any motions submitted in writing by 9 am the day before the meeting, relevant to the committee's terms of reference, will be considered. The agenda also includes a placeholder for Other Part I Business, which allows for the discussion of urgent public matters if the Chair agrees.