The Regulation Committee Member Panel was scheduled to convene to address applications for registering land as new town or village greens. The panel was expected to consider applications for land in Ashford and Whitstable. The report pack included a recommendation to hold a public inquiry into one of the applications.

Quantock Drive Village Green Application

The panel was scheduled to discuss an application from Mr P. Bartlett to register land on the south side of Quantock Drive, Ashford as a new town or village green. The application, numbered VGA700, was made under section 15 of the Commons Act 2006, which allows registration if a significant number of inhabitants have engaged in lawful sports and pastimes on the land for at least 20 years.

The application stated that recreational use of the site had continued until the application date of 4 March 2025, making the relevant period for consideration 4 March 2005 to 4 March 2025. Included with the application were 75 user evidence questionnaires, with a further seven received later. The summary of user evidence stated that activities included dog walking and playing with children, and a letter of support was received from the headteacher of Highworth Grammar School.

The landowner, Mr H. Ahmad, objected to the application, asserting that the application was opportunistic and lacked evidential support. Mr Ahmad argued that the applicant had not defined a legally recognisable locality, the user evidence was vague, and use of the site had been by implied permission, not 'as of right'. The landowner also claimed a 'trigger event' had occurred due to the land being marketed and discussed in the local media. However, the report noted that these events do not constitute formal 'trigger events' as defined in Schedule 1A of the Commons Act 2006.

The report considered the legal tests for registering a new town or village green:

• Whether use of the land has been 'as of right'.
• Whether use of the land has been for the purposes of lawful sports and pastimes.
• Whether use has been by a significant number of inhabitants of a particular locality, or a neighbourhood within a locality.
• Whether use of the land 'as of right' by the inhabitants has continued up until the date of application or, if not, has ceased no more than one year prior to the making of the application.
• Whether use has taken place over period of twenty years or more.

The report stated that while the applicant had presented a good case, some evidence required more detailed analysis. It also noted that while some of the landowner's objections were not relevant, legitimate concerns were raised about the nature and extent of the evidence.

The Head of PROW and Access Service recommended that a public inquiry be held to clarify the issues. The report stated that:

the registration authority has to consider both the interests of the landowner and the possible interest of the local inhabitants. That means that there should not be any presumption in favour of registration or any presumption against registration. It will mean that, in any case where there is a serious dispute, a registration authority will almost invariably need to appoint an independent expert to hold a public inquiry, and find the requisite facts, in order to obtain the proper advice before registration.

Trilby Way Village Green Application

The panel was also scheduled to discuss an application from Canterbury City Council to register land at Trilby Way, Whitstable as a new town or village green. The application, numbered VGA701, was made under section 15(8) of the Commons Act 2006, which allows landowners to voluntarily register land as a village green.

The application site consists of approximately 2 acres of open space, mainly laid to grass, with a children's play area and a Multi-Use Games Area (MUGA). The land was transferred to Canterbury City Council on 19 March 2009, with a restrictive covenant limiting its use to recreation or sports. It is also formally designated as Open Space in the Local Plan. The land is maintained by Canenco, the City Council's environmental company.

The City Council's aim was to register the land as a village green to increase protected green space and provide the strongest level of protection against future development. The report stated that once registered, the land would remain in the City Council's ownership and management.

The report stated that the relevant criteria for voluntary registration only require that the County Council is satisfied that the applicant owns the land and that any necessary consents have been obtained. The entirety of the application site is registered to Canterbury City Council under Land Registry Title K952543, and there are no other interested parties named on the Register of Title.

The Head of PROW and Access Service recommended that the application be accepted and the land be formally registered as a town or village green.

Duncan Down Village Green Application

The panel was scheduled to discuss an application from Hyde Housing Association Ltd to register land at Duncan Down, Whitstable as a new town or village green. The application, numbered VGA699, was also made under section 15(8) of the Commons Act 2006, for voluntary registration.

The application site consists of approximately 31.5 acres of mixed grassland and woodland. The land forms part of a wider area of undeveloped downland, the majority of which is already registered as a village green. The area is managed by the Friends of Duncan Down, in partnership with Canterbury City Council.

The application seeks to register the majority of the remaining area of downland to provide protection against future development. This followed negotiations between the Friends of Duncan Down and the developer of the neighbouring 'Whitstable Heights' residential estate. As part of the planning permission, the developer was required to provide some 40 acres of land for community use, with the majority to be registered as a village green.

The report stated that the relevant criteria for voluntary registration only require that the County Council is satisfied that the applicant owns the land and that any necessary consents have been obtained. The entirety of the application site is registered to Hyde Housing Association Ltd under land Registry Title TT96256, and there are no other interested parties named on the Register of Title.

The Head of PROW and Access Service recommended that the application be accepted and the land be formally registered as a town or village green.