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#The Registration of the Land at Merton Green as a Village Green

Merton Green Action Group (MGAG) respectfully asks the Licensing and Regulatory Committee to consider the following when deciding whether to register the above as a Village Green.

Firstly we would remind the Committee of the contents of Form 45 posted on the land and as a legal notice in the Local Newspaper.

“If the registration authority is satisfied that the land described below qualifies for registration as a town or village green, it will so register the land.”

We would also like to draw your attention to the decision of the Independent Inspector who said in her recommendation…

“The application at issue here is made under the 2006 Act  subsection 24[4] of that Act expressly states that any application made under sec.15 shall be granted if it meets the stated criteria. There is no ambiguity in its wording. The registration authority has no discretion.”

On 23rd December 2010, the Licensing and Regulatory Committee agreed that their next meeting would be the 8TH February 2011.

“…the Head of Legal Services informed the Committee that with regard to the Merton Green Application, he was expecting the Planning Inspectorate’s report by the end of the year. The Committee noted that a Special Meeting of the Licensing and Regulatory Committee may need to be convened to consider the report when received. The final decision on the application would be for the Licensing and Regulatory Committee only.”

 The above indicates it was agreed by the Committee to consider registration of Merton Green on 8th February 2011 or even earlier at a Special Meeting.

The Planning Inspector’s Report dated 7th January 2011 ,received on the 10th January 2011, recommended Registration of the land at Merton Green.

At Caerwent Community Council meeting on 13th January 2011, the Chairman, Mr P Murphy CC, informed the residents of Caerwent that the registration would not be considered at the meeting of the 8th February. In a telephone conversation with Mr. A R Spooner, Mr. R Tranter stated that he unilaterally took the decision to postpone the registration discussion without reference to any of the members of  the Licensing and Regulatory Committee.

The justification for his decision was that consideration of registration should wait for the outcome of the High Court Declaration sought by Barratt Homes.

The Declaration sought by Barratts was that publicly owned Open Space, if Appropriated and given Planning Permission can be sold and developed whether it is registered or not.
[NB. The Judge was inviting an appeal due to the Public Importance of the decision. Unfortunately this was far and beyond the financial constraints of a group of Villagers so the matter sadly is not being pursued to resolution].

Registration is irrelevant to this declaration.

 On 18thJanuary 2011 Barratts’ solicitors stated that that they were indifferent as to whether Merton Green was registered or not. 

“ ..whatever the result of the Village Green Inquiry, our clients are plainly entitled to rely on s241 in relation to the development of the land, which is a point we have made before.” [Letter to Hugh Candler of Gabb and Co solicitor acting for MGAG from Hugh James Barratts’ Solicitors]

The declaration concerned could have been sought by MCC or Barratts at anytime from July 2008, when MGAG first informed them of its intent to place a Village Green application. This would have had the effect of preventing the acceptance of the Village Green application, saved the expense of a Public Enquiry and also the considerable effort and expense of Caerwent Residents.

Instead the application for the declaration was placed immediately following the Public Enquiry, even before the result was announced, when Barratts and MCC knew MGAG would have no resources to continue the fight.

This declaration given to Barratt’s by the High Court has implications for all publicly owned Open Space in England and Wales. If land is appropriated for planning it can be sold and developed whether or not it is registered.
Caerwent residents can testify how when the County and Community Councils cooperate together, land can be appropriated and placed for disposal without the knowledge of the residents.

NB Comments made by Sue Arnott Inspector

“…the appropriation of land by a Council by virtue of this subsection shall be subject to the rights of other persons over or in respect of the land concerned.” [Para 30 sec 1 Inspectors Report]

“..I express reservations about information given to local people by way of an explanation of the appropriation process.[Para 300]

The appropriation procedure has raised grave concerns as to how it was conducted especially the fact that the advertisements showed no mention to local people of the land at Ash Tree Road being included whereas the greater number of houses were to be built in that area.

MGAG put forward the application for Village Green Registration with the full knowledge of how the land had been used for decades and in the good faith that the Registration Authority would uphold the Commons Act of 2006.

Finally the residents of Caerwent through their efforts have established beyond any doubt that the land at Merton Green and
Ash Tree Road, apart from one small area, is a Village Green and place trust that the elected representatives of the Licensing and Regulatory Committee will recognize this fact and agree that the land should be registered.

Members of the Merton Green Action Group

(Please note any references to the Land at Merton Green include Ash Tree Road as in the Application.)