The Kent County Council Regulation Committee Member Panel met to discuss applications to register three areas of land as new town or village greens. One application, regarding land in Ashford, was recommended for a public inquiry, while the other two, regarding land in Whitstable, were recommended for approval. The panel was scheduled to consider evidence and arguments related to each application.

Quantock Drive Village Green Application

The panel was scheduled to discuss an application from Mr P. Bartlett to register land on the south side of Quantock Drive in Ashford as a new town or village green. The application, numbered VGA700, was made under section 15 of the Commons Act 2006, which allows for the registration of land as a village green if a significant number of inhabitants of a locality have engaged in lawful sports and pastimes on the land for at least 20 years.

The application stated that the relevant twenty-year period for the purposes of the application was 4 March 2005 to 4 March 2025.

The report pack included a summary of 82 user evidence questionnaires which set out the use of the land by local residents. The activities comprised primarily of dog walking and playing with children, but there were also examples of the land being used for picnics and ball games.

The landowner, Mr H. Ahmad, objected to the application, arguing that the application was opportunistic and lacked evidential foundation. Mr Ahmad stated that the land was purchased to provide a safe outdoor space for his family. He also raised concerns about the definition of the locality, the vagueness of the user evidence, and whether the use of the land was 'as of right'¹.

The objection is made on the basis that the Application Site was purchased to provide a safe outdoor space for the Landowner's family and it is alleged that the application to register the land as a Village Green is opportunistic, lacks the evidential foundation to satisfy the statutory requirements for village green registration and constitutes a misuse of the legislation in order to override the legitimate interests of the private ownership of the land.

The report noted that the marketing of land for sale does not constitute a 'trigger event' as set out in Schedule 1A of the Commons Act 2006, which would disengage the right to apply for Village Green status.

The report stated that in order to register the land as a new Town or Village Green, the council had to consider the following criteria:

• Whether use of the land has been 'as of right'?
• Whether use of the land has been for the purposes of lawful sports and pastimes?
• Whether use has been by a significant number of inhabitants of a particular locality, or a neighbourhood within a locality?
• Whether use of the land 'as of right' by the inhabitants has continued up until the date of application or, if not, has ceased no more than one year prior to the making of the application?
• Whether use has taken place over period of twenty years or more?

The Head of PROW and Access Service recommended that a public inquiry be held to clarify the issues raised by the application and the objections.

Trilby Way Village Green Application

The panel was also scheduled to discuss an application from Canterbury City Council to register land at Trilby Way in Whitstable as a new town or village green. The application, numbered VGA701, was made under section 15(8) of the Commons Act 2006, which allows the owner of any land to apply to voluntarily register the land as a new village green.

The application site consists of approximately 2 acres of open space, mainly laid to grass, with a large children's play area and a Multi-Use Games Area (MUGA)². The land was transferred to Canterbury City Council on 19 March 2009, with a restrictive covenant³ that it not be used for any purpose other than recreation or sports. It is also formally designated as Open Space in the Local Plan.

The City Council wished to register the land as a Village Green in accordance with its corporate aims of increasing protected green space, and also to provide the strongest level of protection against any future development.

The Head of PROW and Access Service recommended that the application be accepted and that the land be formally registered as a town or village green.

Duncan Down Village Green Application

The panel was scheduled to discuss an application from Hyde Housing Association Ltd to register land at Duncan Down in Whitstable as a new town or village green. The application, numbered VGA699, was made under section 15(8) of the Commons Act 2006, which allows the owner of any land to apply to voluntarily register the land as a new village green.

The application site consists of approximately 31.5 acres of mixed grassland and woodland. The land forms part of a wider area of undeveloped downland, the majority of which is already registered as Village Green. The area is managed by the Friends of Duncan Down, who work in partnership with Canterbury City Council.

The application seeks to register the majority of the remaining area of downland so that it can be afforded the same protections against future development as the areas already registered as Village Green. The application came about as a result of negotiations between the Friends of Duncan Down and the developer of the neighbouring 'Whitstable Heights' residential estate. As part of the planning permission, the developer was required to provide some 40 acres of land for community use, of which a small area was to be used for amenity purposes, car parking and allotments, and the remaining land was to be formally registered as a Village Green.

The Head of PROW and Access Service recommended that the application be accepted and that the land be formally registered as a town or village green.