Agenda item
Application for registration as town or village green - Wapping Green
Minutes:
The report was introduced by Philip Devonald, Interim Head of Legal Operations. He highlighted the officer recommendation which was that the application be refused as the legal test set out in the relevant legislation had not been met in his view-namely that the inhabitants of the locality or neighbourhood have not indulged in lawful sports and pastimes on the land for a period of 20 years, “as of right.”
Amanda Day and Geraldine Davies, representatives of the Turk’s Head Charity addressed the meeting. They stated that the Turk’s Head Charity was a long established organisation which started in 1971. The Charity was well supported by local by residents and no objections to the application had been submitted. It was felt that the application should be approved as all the criteria for designation as a Town or Village Green were met. Wapping Green defined the local area and was much loved and well used by residents. The Council had a great opportunity to get kudos by being the first Council in the country to take advantage of the new legislation by registering Wapping Green as a new town or village green.
The Turk’s Head Charity was extremely disappointed that it had taken 18 months for the Council to consider this application; had the application been considered much earlier, the 2014 ruling in respect of the Oxford case would not have applied to this application Extracts from the Council’s Open Space Strategy were quoted to demonstrate that the designation of Wapping Green as a Town or Village Green would in their view be consistent with the Strategy as well as increasing open space provision. The Committee was urged to support the application to register Wapping Green as a Town or Village Green. However, in the event that the application was refused, the Turk’s Head Charity would make a legal challenge to the Committee’s decision.
Officers advised the Committee that:-
· There were clear DEFRA guidelines regarding the voluntarily registration of a Town or Village Green.
· The reason for the 18 month delay in considering the application was unclear but the Council was in a unique situation In the light of the 2014 judgment; the Council was obliged to consider the application in the context of this ruling
· Regrettably, the legal arguments for refusing the application were very persuasive and it was not in the Committee’s current remit to consider voluntary registration as a Town or Village Green at this time.
· The only options available to the Committee were to grant or refuse the application. However, if the Committee was minded to refuse the application, a recommendation could be made to Cabinet/Council/Mayor to consider voluntary registration as a town or Village Green.
· The provision of benches, signage and litter bins on the site implied the Council’s consent to the use of the site by the general public.
· There was a fine distinction between “as of right” and “implied consent.” The more the Council did to facilitate use of the site, the less it was considered as a village green.
· The designation of Wapping Green as a Town or Village green would alter the land status of the site. However, this did not offer complete protection against future development of the site. In any event this was not a relevant consideration for the Committee in determining this application.
· The Committee was obliged to work within the law and the recent Supreme Court Judgement made the position clear.
The view was expressed that although there was implied consent for the use of Wapping Green by the general public, there was a very strong case for the Council considering voluntary registration as a town or Village Green in accordance with the latest DEFRA guidance.
UNINIMOUSLY RESOLVED –
(1)
That the application be refused on the grounds that
the inhabitants of the locality, or neighbourhood have not indulged
in lawful sports and pastimes on the land for a period of 20
years “as of
right.”
(2) That the Mayor/Cabinet/Council be recommended to consider the possibility of voluntary registration of Wapping Green as a Town or Village Green.
At the conclusion of this item, Councillor Aminur Khan left the meeting.
Supporting documents:
- GP Commitee Application for registration as town or village green - Wapp Final, item 4. PDF 172 KB
- Wapping Green Part 1, item 4. PDF 4 MB
- Wapping Green Part 2, item 4. PDF 3 MB