Agenda item

To consider a report from the Director of Culture, Communities and Rural Affairs regarding two applications for registration of land known as 'Top Field' in Kings Worthy, as town or village green.

The Committee considered a report from the Director of Culture, Communities and Business Services (Item 10 in the Minute Book) regarding an application to register land in Kings Worthy as Village Green.

Committee were reminded that the application had gone to Public Inquiry due to the plot of land following the decision in the [ 2016 ] Committee to set up a non statutory Public Inquiry, chaired by an independent expert, sitting as an Inspector, to consider and resolve the complex evidential and legal issues arising from the application and objection and recommend a decision to the Committee. The Inspector recommendation was that the Committee should refuse the application to register the land as Town and Village Green. The Officer summarised the Inspector’s conclusion for the benefit of the Committee by reference to each area of the application. It was confirmed that Area 1 was not Village Green due to the implemented planning permission and housing established on there. The Inspector did not consider that Areas 2 and 3 would benefit from Town and Village Green rights owing to the applicant’s failure to show sufficient user over the period required, as well as the fact that this land was subject to trigger events by virtue of its designation as development land that would have interrupted the duration of user required. The inspector did not consider the main area, Area 4, to benefit from the Town and Village Green rights as she was satisfied with the evidence from a the tenant farmer that the land was cropped for a period of 7 years during the claimed period of use as Town and Village Green. This constituted a substantial interruption that prevented the applicant demonstrating sufficient user. The Inspector considered the area around the main area, known as the Perimeter Path to have been used as a footpath and not as a Town and Village Green. The Inspector considered the area known as the “lumps and bumps” area as not benefiting from Town and Village Green rights as its adaption constituted damage to the land and so could not be lawful user, also the use described did not have the sufficient duration.

The Committee received four deputations on this item. William Vine spoke on behalf of the Top Field Action Group and shared his concerns for wildlife and bird of prey in the area. Local residents were keen to protect the wildlife space around the development area and register the path that had been formed. Councillor Ian Gordon spoke on behalf of Kings Worthy Parish Council and support Mr Vine’s views on protecting the wildlife and open space. The public had been consulted on the proposed housing and Top Field had been the least popular choice, keen to keep Top Field as open space. Neil Holmes addressed Committee on behalf of the landowner, stating that the Inquiry had taken a long time as well as being expensive. The land owner was aware of the requests for open space and had proposals for open space as part of the development plans.

During questions of the deputations, it was confirmed that open space would be subject to a Section 106 Agreement.

The officer confirmed that the currently outstanding footpath order would be looked at again and hopefully resolved during the coming months.

RESOLVED:

The application to register as a town or village green land shown edged blue on the plans attached to this report at Appendix 1 was refused.

Voting:
Favour: 12 (unanimous)