Issue - meetings

Report CSD14159

Members considered an application to register land comprising the area of ground known as Beckenham Green bounded by High Street Beckenham and St Georges Road, Beckenham as a Town or Village Green.  After completion of the statutory requirements, it was the duty of the Council as registration authority, to decide if the area should be registered, or whether a public inquiry should be held for an Inspector to make a recommendation in this respect.

Visiting Ward Member Councillor Russell Mellor addressed the Committee and stated that this was a simple request to register land.  The land in question was used to host social events and activities and was widely used by the local community.  Whilst he appreciated there were legal technicalities to consider, if Members were mindful to agree that the land be registered, Councillor Mellor would support that decision.

Councillor Tickner concurred with Councillor Mellor and commented that although it would do no harm to register the land, it was probably not necessary to do so as the park was used by so many people and it was unlikely that the Council would stop the use or sell the land.

Having lived in the area since childhood, Councillor Arthur recognised the land as a Town Green which he confirmed was well-used by the local community.  However, the issue for Members to decide was whether or not the land was considered to be a Town Green within the legal definition.  As Beckenham Green was a park and therefore already designated for public use, Councillor Arthur could see no reason for the land to be registered as a Town Green.

The Legal Adviser referred to letters of support received from the applicant, David Wood and Ms Pam Notcutt; these had been circulated to Members.  Since the report was first published, 16 further e-mails in support of the application had been received.  Members were informed that the legal definition of use of land ‘as of right’ meant use that is not by force, nor stealth, nor with the licence of the owner.

Councillor Turner asked if some level of protection could be established to prevent the Council from selling the land in the future.  He was advised that the land was awarded the same protection as park land.

Councillor Fawthrop moved that the application be declined and suggested that as the land was Council-owned, the matter should be referred to the Executive Committee for Members to consider voluntarily registering the land as a Town Green.

RESOLVED that:-

1)  registration of the land as a new town or village green be declined for the reasons set out in the report; and

2)  as the land in question was Council-owned, the matter be referred to a meeting of the Executive for Members to consider voluntarily registering the land as a village green.