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

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IN THE MATTER OF AN APPLICATION TO REGISTER LAND TO THE NORTH OF 14 AND 31 FERN ROAD, ST. LEONARDS ON SEA, EAST SUSSEX AS A TOWN OR VILLAGE GREEN _____________________________________________________________________ REPORT _____________________________________________________________________ 1. INTRODUCTION 1.1 This Report relates to an Application (“the Application”) made under section 15(1) of the Commons Act 2006 (“the 2006 Act”) to register land to the north of 14 and 31 Fern Road, St. Leonards On Sea, East Sussex (“the Land”) as a town or village green. Under the 2006 Act, East Sussex County Council, as the Registration Authority, is required to register land as a town or village green where the relevant statutory requirements have been met. The Registration Authority instructed me to hold a non-statutory public inquiry into the Application, to consider all the evidence and then to prepare a Report containing my findings and recommendations for consideration by the Authority. 1.2 I held such an Inquiry over 8 days, namely between 26 and 29 September 2011 and between 23 and 26 January 2012 inclusive. I also undertook an accompanied site visit on 28 September 2011, together with unaccompanied visits to the site, around and within the neighbourhood and around the surrounding area, including Ponds Wood, Celandine Meadow and South Saxons Playing Fields, on 27 September 2011 and on 26 January 2012. 1.3 Prior to the Inquiry, I was invited to make directions as to the exchange of evidence and of other documents. Those documents were duly provided to me by both Parties which significantly assisted my preparation for the Inquiry. The Applicant produced a bundle of documents containing his witness statements, statutory declarations, evidence questionnaires, letters in support and other documentary evidence in support of the Application and upon which he wished to rely, which I shall refer to in this Report as “AB”. The Objectors produced a bundle of documents in four separate files containing their statutory declarations, witness statements and other documentary evidence in support of their Objection and upon which they wished to rely. I shall refer to that bundle as “OB*” where * is the number of the relevant file. In addition, each Party provided a skeleton argument setting out an outline of their case. I have read all the documents contained in the bundles and each of the skeleton arguments and taken their contents into account in this Report. In addition, during the course of the Inquiry, the Parties produced further documents marked as “AP” and “OB” documents respectively which are referred to in this Report. 1.4 I emphasise at the outset that this Report can only be a set of recommendations to the Registration Authority as I have no power to determine the Application nor any substantive matters relating thereto. Therefore, provided it acted lawfully, the 2 26
Registration Authority would be free to accept or reject any of my recommendations contained in this Report. 2. THE APPLICATION 2.1 The Application was made by Keith Lawrence Milchem of 14, Fern Road, St Leonards on Sea, East Sussex (“the Applicant”) and is dated 21 January 2009. 1 It was received by the Registration Authority on 23 January 2009. Part 5 of the Application Form states that the Land sought to be registered has no specific name except “the open land at the end of Fern Road”, and its location is “Either side to the North of no’s 31 and 14 Fern Road, St Leonards on Sea, East Sussex TN38 0UH at approximately OS reference TQ 790 102m Marked in Red on the map (A)”. A map, marked “(A)”, was submitted with the Application which shows the Land subject to the Application outlined in red. In part 6 of the Application Form, the relevant “locality or neighbourhood within a locality” is identified as “parts of the Maze Hill and Wishing Tree areas of St. Leonards on Sea”, as outlined in green on the attached locality map marked “(B)” and on the satellite photograph marked “(C)”. 2.2 The Application is made on the basis that section 15(2) of the 2006 Act applies, which provision contains the relevant qualifying criteria. The justification for the registration of the Land is set out in Part 7 of the Form. The Application is verified by a statutory declaration in support made on 21 January 2009. As to supporting documentation, reference is made in Part 10 to the Supporting Statement together with signed questionnaires from local residents and users of the Land, all of which were submitted with the Application. 2.3 The Application was duly advertised by the Registration Authority as a result of which an objection was received dated March 2009 on behalf of three of the owners of parts of the Land, namely Streamside Properties Limited, Mr Omar Al Hasso and Witrose Developments Limited (“the Objection”). 2 On 14 May 2009, the Applicant responded to the Objection Statement in a Response. 3 A further Response Statement dated 27 July 2009 was submitted by the Objectors, 4 to which the Applicant responded by means of a Response dated 29 November 2009. 5 2.4 I have been provided with copies of all the above documents in support of and objecting to the Application which I have read and the contents of which I have taken into account in this Report. 2.5 Having received such representations, the Registration Authority determined to arrange a non-statutory inquiry prior to determining the Application which I duly held. 2.6 At the Inquiry, the Applicant was represented by Counsel, Mr Ned Westaway, and the Objectors were represented by Counsel, Mr Jonathan Clay. Any third parties who were not being called as witnesses by the Applicant or the Objectors and wished to make any representations were invited to speak, and one additional person did so. 1 The Application is contained in AB at section A. 2 The Objection Statement is at OB1 pages 4-40. 3 At AB pages A1-A9. 4 At OB2 pages 276-317. 5 At AB page A11. 3 27
Page 1 and 2: Committee: Commons and Village Gree
Page 17 and 18: Appendix 3 - A guide to Town and Vi
Page 19 and 20: Lawful Sports and Pastimes 10. It w
Page 21 and 22: Locality or Neighbourhood within a
Page 23: Appendix 4 IN THE MATTER OF AN APPL
Page 27 and 28: CASE FOR THE APPLICANT Oral Evidenc
Page 29 and 30: 4.9 As to the making of the Applica
Page 31 and 32: was still easy to walk on the Land
Page 33 and 34: snow, his Children used all of the
Page 35 and 36: 4.26 Miss Caroline Bayliss 25 has l
Page 37 and 38: She also picked blackberries from t
Page 39 and 40: 4.41 As to the Objectors’ photogr
Page 41 and 42: was on site for approximately 30 mi
Page 43 and 44: grassed areas. He acknowledged that
Page 45 and 46: photographs he had taken. Some were
Page 47 and 48: the Land and to report back on any
Page 49 and 50: 4.74 Mr David Coyle 61 is the broth
Page 51 and 52: 4.80 Mr Mark Reasbeck 66 is the own
Page 53 and 54: on given that the East Side sloped
Page 55 and 56: 4.90 As to the photographic survey,
Page 57 and 58: prepared. 84 Responses have been ma
Page 59 and 60: Statutory Criteria 5.7 Caselaw has
Page 61 and 62: Cheltenham Builders Limited) v. Sou
Page 63 and 64: Relevant 20 Year Period 6.5 Turning
Page 65 and 66: Bourne’s evidence that it was wel
Page 67 and 68: vigorously resist if it appeared to
Page 69 and 70: Application had been made, that the
Page 71 and 72: amounting to lawful sports and past
Page 73: qualifying locality or neighbourhoo

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

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