DCSIMG

Court hearing to decide fate of Helredale field

A group of residents are set to find out next week whether they have been successful in stopping a playing field in Whitby from being turned into a housing development.

The case of Helredale Playing Field will be put before the Supreme Court in London on Wednesday with the hearing set to last for two days.

In a legal battle that has gone on for several years, Helredale Neighbourhood Council (HNC) initially applied to get the four acre field registered as a village green after learning it had been earmarked for new homes.

It would have meant development was not allowed but their application was rejected and there have since been failed public inquiries and hearings at the Court of Appeal to get the decision overturned.

HNC claim the field has been used for informal recreation by local people ‘as of right’, meaning, without being challenged and without permission for years.

But, the Court of Appeal ruled that because the land was acquired under the Housing Act 1936 it was not eligible for village green registration.

Viv Wright, secretary of HNC said: “The outcome of this case is vital not only for our much-loved green space, but also because it raises an important area of law. The result is likely to have a significant impact on future village green applications.”

 

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