Archived decisions

Contact: Dalee Kaur, Solicitor, ext 6605

1 Summary

1.1 This report deals with an application to register land at West Dean, Salisbury, Wiltshire, as a village green under the Common Registration (New Land) Regulations 1969 made pursuant to section 13 of the Commons Registration Act 1965 (`the 1965 Act').

1.2 The Regulations set out the procedure to be followed in seeking to amend the register of the town and village greens maintained by the County Council as registration authority.

1.3 In addition to this application, a separate application has also been submitted to Wiltshire County Council for registration of the neighbouring land at West Dean as the County boundary with Wiltshire runs through the claimed land.

1.4 Counsel's advice has been taken in respect of the application and he advises that both applications be determined by calling a joint non-statutory public local inquiry with Wiltshire County Council as two inquiries would be disproportionate and would place undue burdens upon the parties concerned.

2 Legal Definition

2.1 Section 22(1) of the 1965 Act was amended by the Countryside and Rights of Way Act 2000 (which took effect on January 30, 2001).

2.2 Town and village green means land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality or on which the inhabitants of any locality have customary rights to indulge in lawful sports and pastimes or which falls within section 22 (1A).

2.3 Land falls within section 22 (1A) if it is land on which for not less than twenty years a significant number of the inhabitants of any locality or of any neighbourhood within a locality have indulged in lawful sports and pastimes as of right and either -

a) continued to do so, or

b) have ceased to do so for more than such periods as may be prescribed, or determined in accordance with prescribed provisions

3 Criteria

3.1 In order for an applicant to establish that land should be registered as a town or village green, the 1965 Act now requires the following to be proved:

a) A significant number of the inhabitants of any locality, or of any neighbourhood within a locality,

b) have indulged in lawful sports and pastimes for not less than twenty years,

c) as of right,

d) on the land in question, and

e) either continue to do so, or have ceased to do so for more than such periods as may be prescribed, or determined in accordance with prescribed provisions.

4 Background

4.1 Hampshire County Council received an application from West Dean Parish Council last year under the 1965 Act to register land at West Dean, Salisbury, Wiltshire, as village green. The application was supported by a number of letters from local residents.

4.2 A separate application has been made to Wiltshire County Council for the neighbouring land as the County boundary with Wiltshire runs through the claimed land. The evidence in support of this application would appear to be similar to that which is submitted to Hampshire County Council.

4.3 The area of land which is subject to this village green application adjoins a former public house known previously as Red Lion Pub which is occupied by Mr and Mrs Morgan who object to this application.

4.4 Counsel was instructed in this matter to advise Hampshire County Council on the validity of the application presented to them and whether on the basis of the evidence accompanying the application the land should be registered as village green. Wiltshire County Council have not taken Counsel's advice in their application.

5 Counsel's Advice

5.1 Counsel has identified a number of weaknesses with the evidence in this application. He considered the evidence to be unclear in that a number of points have been raised in objection to the claim which undermines that evidence.

5.2 It is apparent from the advice given that there are number of issues of fact and law which arise from this case and which cannot be resolved on paper or on further written submissions. It is for this reason and the fact that there is a considerable degree of dispute between the applicant and the owners of Red Lion House that Counsel is of the view that it would be preferable for the legal and factual issues (or rather the merits of the whole application) to be determined by way of a joint non-statutory inquiry.

Recommendation

That a joint non-statutory public inquiry with Wiltshire County Council be called to consider all of the evidence available to determine the application.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report,

or an important part of it, is based and has been relied upon to a material

extent in the preparation of this report.

N.B the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as

defined in the Act

Nil