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Regulation Committee Member Panel - Tuesday, 10th December, 2024 10.00 am

December 10, 2024 View on council website
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Summary

This meeting was scheduled to discuss seven applications to register land as Town or Village Greens. The applications were made under Section 15 of the Commons Act 2006 1, and the reports pack included arguments for and against the applications.

Bunyards Farm, Allington

The meeting was scheduled to consider an application to register 37.5 acres of land at Bunyards Farm, Allington, as a Village Green. The application, made by Mr C Passmore, Mr J Willis, Mr T Wilkinson, Cllr P Harper, Mr T Walker and Mr D Edwards, was opposed by the landowners (the Andrew Cheale Will Trust) and BDW Trading Ltd, who hold an option to purchase the land.

The report to the committee recommended that the application be refused on the basis that it had not been demonstrated that use of the land was 'as of right' throughout the relevant period. In particular, it was said that the presence of fencing during the early part of the period would have made it clear to users that their presence on the land was contentious, and that during the latter part of the period, the overgrown state of the land meant that it would only have been suitable for use as a series of paths (which is not qualifying use for the purposes of Village Green registration).

The applicant has failed to show that the use of the application land was in the nature of the assertion of a town or village green right throughout the relevant period because the use of the application land was in the nature of the assertion of public rights of way only, by the end of the relevant period in June 2021

PROW and Access Manager, Kent County Council 2

Beacon Road, Herne Bay

An application to register land at Beacon Road, Herne Bay, as a Town or Village Green was scheduled to be considered. The Applicant, the Save The Beacon Road Community Land Committee, argued that the land should be registered on the basis that it had been used by the local community for at least 100 years for a variety of recreational purposes.

Canterbury City Council opposed the application. They stated that because the site had been leased for use by the Herne Bay Lawn Tennis and Hockey Club from 1938 until December 2020, any use of the land was with their permission and therefore not 'as of right'. They further submitted that the erection of Heras fencing at the entrance to the site, on the surrender of the lease, meant that any subsequent use of the land was contentious and should therefore be discounted.

The report recommended that the application be refused.

Upper Castle Field, Tonbridge

The meeting was scheduled to consider an application to register land at Upper Castle Field, Tonbridge, as a Town or Village Green. The application was made by Ms J Wyatt and was supported by the landowner, Tonbridge and Malling Borough Council.

The report identified the 'Slade Area' of Tonbridge as the relevant 'Neighbourhood' for the purposes of the Commons Act 2006.

The report recommended that the application be approved, and that the land be registered as a Town or Village Green.

Burton Down Park, Herne Bay

Canterbury City Council applied to register land at Burton Down Park, Herne Bay, as a Town or Village Green. The application was made under Section 15(8) of the Commons Act 2006, which allows landowners to voluntarily register their land as a Town or Village Green. The report considered which electoral ward should be considered the 'locality' of the park.

The report recommended that the application be approved, and that the land be registered as a Town or Village Green.

Marley Fields, Hoath

The meeting was scheduled to discuss an application to register land at Marley Fields, Hoath, as a Town or Village Green. The report considered an application by Hoath Parish Council made under Section 15(8) of the Commons Act 2006 to register land that had recently been gifted to it.

The report recommended that the application be approved, and that the land be registered as a Town or Village Green.


  1. The Commons Act 2006 is an Act of Parliament that, amongst other things, governs the registration of common land and Town or Village Greens. You can find the full text of the act on the legislation.gov.uk website. 

  2. This quote comes from Paragraph 197 of this report

Attendees

Profile image for Trevor Bond
Trevor Bond  Conservative
Melanie McNeir
Graham Rusling
Sarah Bonser
Hayley Savage
Profile image for Jan Ozog
Jan Ozog  Conservative
Profile image for Mike Baldock
Mike Baldock  Swale Independents
Profile image for Perry Cole
Perry Cole  Conservative
Profile image for Susan Carey
Susan Carey  Conservative
Profile image for Steve Manion
Steve Manion  Conservative

Topics

No topics have been identified for this meeting yet.

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