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‘FRIENDS OF DYMCHURCH REC’ VILLAGE GREEN APPLICATION REJECTED

Case Studies- Community Village Green Applications

‘FRIENDS OF DYMCHURCH REC’ VILLAGE GREEN APPLICATION REJECTED

Kent County Council’s regulation committee rejected the ‘Friends of Dymchurch Rec’’ application to register local recreation ground land as a Village Green in May, 2018.

The Friends of Dymchurch had put forward the application, following a parish council feasibility study, suggesting 10 houses could be built on part of the site.

In this case, Dymchurch recreation ground, was given to the parish council in 1927, The ‘gifting’ of the land led to it being registered as ‘Public Recreation’ land. The classification meant that the public use of the land was “by right” and not “as of right” – This small, but very significant difference, was one the main reason why the application was rejected.

IMPORTANT NOTE: In cases where the local authority own the land, steps should be taken to establish what powers the land is held under and the specific right of public access.

Land held by the authority specifically for ‘recreational purposes’, is unlikely to be registered as a Town or Village Green as the public land use must be “as of right” and not “by Right”.

In simple terms, “by right”, appears to mean there is an implied right of use, rather than an actual right, termed ‘as of right’.

This case highlights the need to fully establish land usage right prior to the submission of a formal Village Green status application.

 Despite the fact that the Friends of Dymchurch Rec, met all others requirements including evidence of use, their claim was sadly rejected on this one critical point.

The videos below were filmed during the Friends if Dymchurch Red Committee meeting when the decision was revealed.  

 

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