Appropriation of Land at Merton Green

In fact the land appropriated was that at Merton Green and Ash Tree Road, although Ash Tree Road was never mentioned. To local residents Merton Green and Ash Tree Road are two separate entities.

The appropriation of the Open Space at Merton Green was carried out under section 122 (1) and 122 (2A) of the Local Government Act 1972 on 16th March 2007.
However section 122 states that:-
“ a principal council may not appropriate under section (1) above any land which they may be authorised to appropriate unless the total of the land does not in aggregate exceed 250 square yards.”

The land appropriated was 12.5 acres therefore the council did not comply with the provisions of the Act.
The Action Group only became aware in late 2009 that the land had been appropriated when it was too late to make any appeal against the appropriation procedure.

The reason given on the 7th March 2007 for the appropriation was 
“ the site is currently held as surplus land to be disposed for development. It is under offer for sale and the prospective purchaser has required as a preliminary step that before the sale takes place that the land be appropriated for planning purposes to better safeguard their position in the development of the land.”

As far back as 15th February 2005 a report was considered by cabinet in relation to the Capital Budget.The report recommended the sale of Merton Green.
Further in the decision dated 7th March 2007 it was stated 
“The disposal will realise a significant capital receipt for the authority during the year 2007/2008.”

The Council did not attempt to ascertain the present or past usage of the land by the residents of Caerwent.

Appropriation

1)	Sutton London Borough Council v Bolton 1993

The council will also have to show that the purpose of appropriating the land is in the interests of the proper planning of the area in demonstrating this, the council must be able to show that there is a nexus beyween their inhabitants and the appropriation of land purely for a financial motive.

2)	Executive 27th February 2010 –Hounslow 
     Appropriation of land at Beaver‘s Lane

The Council acquires and holds property for various statutory purposes in order to perform its functions .The process of changing that purpose without changing ownership is described as appropriation.

3)	Local Government Lawyer
 
 It should be mentioned in passing that special rules apply to the    appropriation of certain types of land, such as land held under the Housing Act 1985, open space, commons and allotment gardens, so it is always advisable to ascertain how the land is being used.

The notices to appropriate the land were placed in the Local Newspaper on 20th and 27th December 2006 with objections no later than 3rd January 2007.
Unsurprisingly only one resident saw the quite small notices in the local press.

When enquiries were made the Principal Estates Valuer of Monmouthshire County Council did not explain the purpose of appropriation, but after taking legal advice stated in an e-mail dated 5th January 2007:-

“ The advert to which you refer was in fact put into the newspaper by the Estates Department. It is our intention to transfer the ownership from Housing to Planning internally within the council.It is this to which we are seeking comments.”

In fact the advertisement stated that the land 
“ which forms part of an Open Space to be used for planning purposes.”

Further when Mr Adrian Spooner expressed concerns at a Community Council Meeting on 12th April 2007, the Chairman Mr P. Murphy assured him that 
“ this exercise was purely to transfer the land and was not an actual planning application.”
Again appropriation was not explained.

In relation to the above, the Inspector at our successful Village Green Enquiry, stated in para 307 of her report:-
“Two of the claimants submitted evidence highlighting what they suggest was wholly misleading information given to them at various stages in the process of appropriating, disposing of and granting planning permission for development of the application land. As a result of being misinformed about the effect of appropriation and an opportunity to influence the development at a later stage, they took no further action to assert their (claimed ) rights at that time.” 

The Inspector at para 309 of her report states:-
“Nevertheless I draw the attention of the registration authority comments in the evidence of Mr Spooner (also referred to in the evidence of his wife at para 129 and briefly noted in footnote 19) and that of Mrs B E Thomas.”
(See attached statements)

As a result of very little or no information being given to the residents of Caerwent by Monmouthshire County Council and the Community Council relating to the appropriation of Merton Green and Ash Tree Road no objection was made within the legal time limit.