Agenda item

The report outlined Mrs Graham Paul’s recommendations following a non-statutory Inquiry on 24 and 25 September 2012 in relation to an application to register land behind 94-98 and 126 High Street, Beckenham as a town or village green. Mrs Graham Paul is a barrister with expertise in the law and practice relating to town and village greens and had been appointed by the Council to report whether the application should be accepted or not.  Following consideration of her report, Members were requested to decide whether or not the land should be registered as a town green.

Representations in support of the application were received from visiting Member Councillor Michael Tickner who expressed his surprise that a member of the Central Beckenham Residents’ Association (CBRA) had not been permitted to speak at the meeting.  He pointed out that whilst procedural directions were set by the Council, Mrs Graham Paul  had referred to the  inquiry as a ‘formal’ inquiry.  As such, the objectors had the advantage of legal representation from a top legal barrister, something which the CBRA could not afford.

The Town Green and Village legislation, approved by Parliament, gave residents the opportunity to take action to protect green spaces from development.  As Councillor Tickner believed the  report did not take into account the utilisation of the land by residents, he urged Members to consider the wider issue of the consequences resulting from a refusal to register the land which would mean a change of use and the loss of green space.

Councillor Tickner reported that the CBRA had provided evidence that the site had been used by many local people for more than 20 years.  If Members approved the application, the town green would contribute towards revenue generating opportunities by providing a ‘breathing space’ for new businesses in the area.  New grants would be available to enable specially designed play areas to be provided for local children and parking facilities to aid businesses.  This would bring further footfall to the area without exacerbating current traffic problems.

In conclusion, Councillor Tickner saw this as the Council’s final chance to transform Beckenham by providing the area with a new open space and therefore a new identity for the future.  If Members refused the application, this would lead to the erection of new dwellings which would increase the density of the area.

Mr Greg Ullman, Team Leader Planning, Environment and Licensing explained that whilst public speaking was only permitted in relation to planning applications, representations in objection to and in support of the application (including those of the CBRA) had been submitted at the two day  inquiry which were subsequently taken into consideration by Mrs Graham Paul.

The Chairman commented that whilst he would like to see the application approved, it was unfortunate that the required criteria had not been met.  The Council had done everything it could however, Mrs Graham Paul  had concluded emphatically that the application should be refused.  With regret, the Chairman moved that the Committee decline to register the land.

Councillor Fawthrop opposed the Chairman’s view and moved that the land be registered on the basis that Members should not be swayed by the report’s conclusions and should vote for what they knew to be right.  He agreed with Councillor Tickner’s view that the CBRA had been disadvantaged at the public inquiry because it could not afford legal representation.

Agreeing that the required criteria had not been met, Councillor Arthur seconded the motion to decline the application.

Following a vote of 10-2, Members RESOLVED that:-

1)  the report dated 31 October 2012 prepared by Mrs Annabel Graham Paul into the application to register land behind 94-98 and 126 High Street, Beckenham as a town or village green be accepted; and

2)  registration of the land, both in whole and in part, be DECLINED for the reasons set out in Mrs Annabel Graham Paul’s report dated 31 October 2012.

Councillor Fawthrop’s vote against declining the application was noted.