High Court of Justice
Queen’s Bench Division 
Cardiff
18th January 2011

The Claimant (Barratts) sought a declaration that the development of Merton Green and Ash Tree Road in accordance with planning permission,is and will be, lawful and withstanding any registration of the land as a Village Green.
The Action was brought on 2nd December 2010 before the Inspector’s decision had been made in the Village Green Enquiry.
Barratt’s claim was principally based on Sec 241 (1) Town and Country Planning Act 1990.
The section states that “ notwithstanding in any enactment relating to land which is or forms part of a common, open space or fuel or field garden allotment which has been appropriated by a local authority for planning purposes may be used by any person in any manner in accordance with the planning permission”
Barratt’s solicitors have stated in a letter “that Village Green Status can be trumped (as Lord Scott would have put it )if the particular combination of planning permission and prior appropriation for planning purposes.”
To the date of the Hearing on the 18th January 2011, the Outline Planning Permission Certificate dated 23rd June 2006 was used in evidence:-

a)	By Joanne Carter,Principal Estates Valuer on behalf of Monmouthshire County Council in a statement dated and signed on 1st October 2010 to the Village Green Enquiry.
b)	Neil Christopher Morgan of Hugh James (Barratt’s Solicitors) in a statement made on 2nd December 2010 for the Hearing at the High Court.
c)	Dafydd Huw Llewellyn,Technical Director of Barratts in a statement made on 2nd December 2010 for the Hearing in the High Court.

On 18th January 2011 at the Hearing Barratts’ Barrister produced a second Outline Planning Permission Certificate dated 20th June 2007.

Please note the order referred to above:-

Appropriation Prior to Planning Permission

The Outline Planning Certificate dated 23rd June 2006 was issued before  Appropriation on 16th March 2007.

The Certificate produced to the High Court on 18th January 2011 was issued after the date of the Appropriation.

Following the Hearing in the High Court

Two members of MGAG had a meeting with County Councillor 
R.Stewart who is a member of the Planning Committee of MCC and the second Outline Planning Certificate was queried with him .He advised in writing on 21st January 2011 that Mr.R Tranter (Head of Legal Services in MCC ) informed him that the Outline Planning Permission for Merton Green was granted  on 23rd June 2006.

On 10th February 2011 Mr.Tranter wrote to MGAG’s solicitor that the Outline Planning Certificate dated 23rd June 2006 was in fact a draft Planning Permission.
The certificate is properly signed and does not contain the word draft.

On the 11th February 2011, MGAG wrote to George Ashworth (Head of Planning at MCC ) asking what was the reason for the issue of the Outline Planning Permission on the 27th June 2007 and was it approved by the Planning Committee because it was not identical to the one issued on 23rd June 2006 .Mr.Ashworth did not reply..

Tony Grenow (Senior Development Control Officer) however did reply on Mr. Ashworth’s behalf on 16th February 2011.
He stated:- “The questions you pose had already been addressed to the Council by your solicitor Mr. Hugh Candler of Gabb and Co and the Council’s Head of Legal Services,Robert Tranter had replied by letter on 10th February 2011.

Mr. Grenow is a member of the Planning Department and appears to be reluctant to refer to the 2006 Certificate as a draft and to give an explanation for the existence of the certificate dated 20th June 2007.

Further Messrs Asbri Planning Consultants acting for Barratts did a Planning Statement dated 20th July 2007 for approval of reserve matters relating to Outline Planning Permission did not refer in their comprehensive statement to an Outline Planning Permission issued on 20th June 2007.

The first occasion when MGAG became aware of the Outline Planning Permission Certificate dated 20th June 2007,was in the High Court on 18th January 2011.

A satisfactory explanation is still awaited.