Contact: Liz Ellam, (01962) 847371 [email protected]

1 Summary

1.1 An application made by Dr. F. Wright and 122 others was received on
17 August 1999 to register land known as Mengham Park, Hayling Island as shown edged green on the attached plan (appendix 1) as town or village green. The landowner, Havant Borough Council, object to the application. The recommendation is that a non-statutory public inquiry be held.

2 Introduction

2.1 The application was considered by the Rights of Way Panel on 27 January 2000 and they resolved that a non-statutory public inquiry should be held. However, in the light of a Court of Appeal decision in the case of R (on the application of Beresford) v Sunderland City Council and subsequent legal advice to the County Council, the application was further considered by the Regulatory Committee on 29 May 2002 with an approved recommendation that the holding of a non-statutory public inquiry be deferred, pending the final determination of the Beresford case. Copies of the Panel and Committee reports (without their appendices) are attached, as appendices 2 and 3.

2.2 The House of Lords delivered judgment in the Beresford case on
13 November 2003. However, the matter has not yet been referred back to Committee, partly because judgment in the case of Oxfordshire County Council v Oxford City Council and Robinson (the "Trap Grounds" case) was given in the High Court on 22 January 2004, followed by its being appealed to the Court of Appeal (judgment 24 February 2005) and the House of Lords (judgment 24 May 2006). The applicant had asked that consideration of the application be deferred pending judgment in the House of Lords.

3 Further Legal Advice

3.1 Given the changes in the law in relation to applications for town or village greens since the application was submitted, further legal advice has been taken from Vivian Chapman QC and his advice dated 8 October 2006 is attached as appendix 4.

4. Recommendation

That in connection with the application to register Mengham Park, Hayling Island as town or village green a non-statutory public inquiry be held, an inspector being appointed in respect of the same, the inspector then to prepare a written report for the registration authority, with a recommendation to accede to or reject the application, unless any party commences court proceedings under R (Whitmey) v Commons Commissioners [2005] 1QB 282 within 2 months.

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.

NB: the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in

the Act

Application and supporting documentation, objections/representations and supporting documentation and supplementary material relating to progress of application - held in Chief Executive's Department