Item 5 - Fern Road, St Leonards - East Sussex County Council

3.3 A non-statutory public Inquiry was held over eight days, namely between 26-29
September 2011 and 23-26 January 2012 at Robsack Community Centre, St Leonardson-Sea.
The Inspector, appointed by the Registration Authority, heard submissions from
the Applicant and the Objector. The Inspector then compiled a report which is attached
at Appendix 4.
4. Inspector’s Recommendation
4.1 The Inspector recommended that the Registration Authority should reject the
application and not add the Land to the register of town and village greens on two
grounds.
4.2 Firstly, that the Applicant has failed to establish that the Application Land has
been used for lawful sports and pastimes to a sufficient extent and continuity throughout
the relevant 20 year period to have created a town or village green.
4.3 Secondly, that the Applicant has failed to establish that the use of the Application
Land has been by a significant number of the inhabitants of any qualifying locality or
neighbourhood within a locality throughout the relevant 20 year period.
5. Response from the Applicant and the Objector following the Inspector’s
Recommendation
5.1 On 13 August 2012 both the Applicant and the Objector were sent a copy of the
Inspector’s report recommending that the application be dismissed. Both parties were
invited to make comments on the report by 10 September 2012. No comments were
received which went to the substantive points of the report.
6. Conclusion and reason for Recommendation
6.1 The Panel is recommended to reject the application for the reasons set out in the
Inspector’s report: that the Applicant has failed to establish that the Application Land has
been used for lawful sports and pastimes to a sufficient extent and continuity throughout
the relevant 20 year period to have created a town or village green and, that the
Applicant has failed to establish that the use of the Application Land has been by a
significant number of the inhabitants of any qualifying locality or neighbourhood within a
locality throughout the relevant 20 year period.
6.2 The application has been subject to a non-statutory public Inquiry.
Appendix 1 – application plan
Appendix 2 – photographs of the application land
Appendix 3 – guide to the law
Appendix 4 – Inspector’s report following a non-statutory public inquiry (12 August 2012)
Philip Baker
Assistant Director
Legal and Democratic Services
BACKGROUND DOCUMENTS: Applicant’s submissions at the non-statutory public
inquiry, Objector’s statement in response to application, Objectors submissions at the
non-statutory public inquiry.
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