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WHAT DO YOU THINK? Judge rules out Helredale village green bid
A JUDGE has ruled a bid by Whitby residents to safeguard Helredale Playing Field from development should be turned down.
A public inquiry was held in April as to whether the field, which is used by many families on the east side for a variety of activities, should be classed as a village green which would protect it from having houses built on the land.
Now inspector Vivian Chapman QC, who presided over the two-day public inquriry at Sneaton Castle, has written a report which states the application by Viv Wright on behalf of Helredale Neighbourhood Council, should be refused.
In order to register the land, applicant Mrs Wright had to prove that a significant number of local people had indulged in lawful sports or pastimes as of right which means without permission, force or secrecy on the land for at least 20 years.
These requirements reflect the ancient law of custom, where such a pattern of use created a presumption that the local inhabitants had established recreational rights over the land.
Although Judge Chapman's report concludes use of the whole field, excluding the garages, hard standing and changing rooms met with this requirement, at the end of his report he said the application has failed on a single point of law.
This is, that recreational use of the field by local people during the 20-year period at least until 2003 was not "as of right" because they had a legal right to use the field as a recreation ground provided and maintained by the local authority under section 12 of the Housing Act 1985, subject only to any byelaws.
Chairman of Helredale Neighbourhood Council (HNC), Mark Nicholson, said residents were extremely disappointed with the news and he said a lot of work and research had been put into the application.
"The Commons Act 2006 was introduced to make it easier for a lay person to apply for village green status. In fact this is not the case, as we have found to our cost."
North Yorkshire County Council planning committee will make a decision on the village green application on 8 October.
Should the committee refuse to grant village green status to Helredale Playing Field, residents plan to immediately apply for a Judicial Review of the case and if necessary take it to the Supreme Court of Appeal.
* What do you think? Comment on the story below or email the editor at: editorial@whitbygazette.co.uk
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Saturday 11 February 2012
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