The meeting was scheduled to discuss five separate applications for the registration of land as Town or Village Greens in Kent. It was also scheduled to consider whether any matters should be considered urgent, and whether to move into a closed session.

The applications were at various stages of consideration, with one (Bunyards Farm, Allington) being considered for the second time, after the committee had previously referred it to a public inquiry.

Application to register land at Bunyards Farm, Allington as a new Town or Village Green

The meeting considered a report about an application to register 37.5 acres (15 hectares) of land at Bunyards Farm, Allington as a Town or Village Green, made by Mr. C. Passmore, Mr. J. Willis, Mr. T. Wilkinson, Cllr. P. Harper, Mr. T. Walker and Mr. D. Edwards. The application had previously been considered by the committee on 15 September 2023, when it was referred to a public inquiry.

The report, prepared by the Public Rights of Way (PROW) and Access Service Manager, recommended that the application be rejected.

The application site was formerly used for farming, and for many years until 1998 was used to hold cattle. The report describes how, since then, it was used only spordically for grazing horses, and that more recently:

the lack of grazing and maintenance on the land has meant that nature has taken its course, such that the grass has become overgrown and self-seeded trees and clumps of brambles have appeared.

The report describes the history of the application, objections made by the landowners, The Andrew Cheale Will Trust and BDW Trading Ltd, and the subsequent public inquiry, which took place over 4 days in March 2024.

After summarising the arguments made at the inquiry, the report explains that the inspector recommended that the application be rejected, primarily because, in their view:

The applicant has failed to show that the use of the application land for lawful sports and pastimes was ‘as of right’ throughout the relevant period because use was ‘by force’ from the start of the relevant period in June 2001 until the creation of Access D when the Corben Close development was completed after the start of the relevant period in June 2001;

The report goes on to explain that this is because, at the start of the claimed 20 year period of use, the inspector believes that people would only have been able to access the land by crossing stock fencing.

The second reason given for the inspector's recommendation is that:

The applicant has failed to show that the use of the application land was in the nature of the assertion of a town or village green right throughout the relevant period because the use of the application land was in the nature of the assertion of public rights of way only, by the end of the relevant period in June 2021

Because of these conclusions, the report recommends that the committee reject the application.

Application to register land at Beacon Road in Herne Bay as a new Town or Village Green

The meeting considered a report about an application to register 2.8 acres of land at Beacon Road, Herne Bay, made by the Save the Beacon Road Community Land Committee, which was submitted on 26 February 2024.

The application site is a former hockey and tennis club, which was leased to the Herne Bay Lawn Tennis Club and Hockey Club until 18 December 2020, when Canterbury City Council, the owners of the land, took posession back from the clubs.

The report, prepared by the PROW and Access Service Manager, recommended that the application be rejected.

After describing the site, the application and the consultation responses, the report explains that:

The City Council has opposed the application on the basis that:

• The evidence provided in support of the application is unreliable on the basis that the statements have been pre-drafted and are materially the same, with the exception of a few blanks;
• It is unlikely that large sections of the land could have been used for recreational activities since they comprise a car park, a club house and an embankment, as well as tennis courts that were intermittently locked;
• The Application Site was held under a lease by the Herne Bay Lawn Tennis Club and Hockey Club until 18 December 2020, at which point Heras fencing was erected across the only entrance to the site (replaced with a spike-topped palisade fence in April 2023), such that any use of the land after 18 December 2020 was contentious and/or could not have occurred in sufficiently high quantities to justify registration as a Village Green;
• In order to benefit from the one year period of grace specified in the legislation, the application would have had to be made before 18 December 2021 (but it was not and is therefore out of time);
• Any users who were also members of the tennis and hockey club would have been on the site by virtue of an implied or express permission (and their use would not therefore be ‘as of right’); and,
• It appears that the land was originally held under section 4 of the Physical Training and Recreation Act 1937, such that it is not capable of registration as a Village Green.

Because of these objections, and because the report author believes that the erection of Heras fencing at the entrance to the site on 18 December 2020 means that use of the site after that date was not 'as of right', the report recommends that the application be rejected.

Application to register land known as Upper Castle Field at Tonbridge as a new Town or Village Green

The meeting considered a report about an application to register 1.1 acre of land known as Upper Castle Field at Tonbridge as a Town or Village Green. The application was made by Ms. J. Wyatt and was submitted on 9th July 2024.

The report, prepared by the PROW and Access Service Manager, recommended that the application be accepted, but that the area of land registered be smaller than that requested by the applicant.

The report describes the site, the application, and explains that no objections to the application were received.

It goes on to explain that, although the application was unopposed, the committee still needed to satisfy itself that the application met the relevant legal tests. The report describes each of these tests, and the evidence in support of the application, concluding that, in this case:

the evidence submitted in support of the application would appear to confirm that the application site has been used by local residents for a period of over twenty years for the purposes of lawful sports and pastimes, such that the legal tests set out in section 15 of the Commons Act 2006 have been met.

However, the report goes on to explain that, although the application should be accepted:

the plan accompanying the application has not been accurately produced and requires amendment to reflect the area that was capable of being used for informal recreation during the material period.

The report therefore recommends that the committee accept the application, but that they amend the application to register a smaller area.

Application to register land known as Burton Down Park at Herne Bay as a new Town or Village Green

The meeting considered a report about an application made by Canterbury City Council to register 4.9 acres of land known as Burton Down Park at Herne Bay as a new Town or Village Green. The application was submitted on 26 January 2024.

The report, prepared by the PROW and Access Service Manager, recommended that the application be accepted.

It explains that the application site is a recreation ground, mainly laid to grass and including a children's play area.

The report describes the site, and the application process, pointing out that, because the applicant is also the landowner, the application is simpler to consider than a contested application. This is because, in this case, the only legal test that needs to be met is that the applicant owns the land in question.

The report confirms that the applicant is the owner, and recommends that the application be accepted.

Application to register land at Marley Fields at Hoath as a new Town or Village Green

The meeting considered a report about an application to register 0.8 acres of land at Marley Fields at Hoath as a new Town or Village Green. The application was made by Hoath Parish Council and was submitted on 19 August 2024.

The report, prepared by the PROW and Access Service Manager, recommended that the application be accepted.

The report describes the site, and explains that access to the site is unrestricted. It goes on to describe the application process, noting that no objections to the application were received.

The report explains that the application site forms part of a larger area of land that has recently been gifted to the parish council in connection with a nearby development, and confirms that the applicant is the owner of the land in question.

Because the applicant is the landowner, the report explains that the only legal test that needs to be met is the applicant is the owner of the land. It therefore recommends that the application be accepted.