Inquiry on village green starts

An official inquiry into the 'grass roots' fight to make the Herne Bay Downs a protected Village Green started with allegations of council waste and bullying. Canterbury City Council were accused of adding massive legal costs of hiring a barrister to cross examine locals, to the £30,000 they have already spent in legal fees.

Campaigners Ros McIntyre and Phil Rose, who want to keep the green by the prom a much-loved area for dog walkers and blackberry pickers, sat opposite the massed ranks of the council as the inquiry started on Monday. With their initially hesitant questions they bravely stood up to the suited and booted professionals who are being paid by CCC up to £500 a day to take them on. [Correction: it's £850 a day.]

Phil said:

"They might have a top barrister who is charging £8,000 plus £500 a day to rip our case apart, but we have the might of a grass-roots democratic movement behind us. The council plan to build what they call a QE2 Costal Park, got just 41 votes in a national poll and to keep it undisturbed as a village green got 1,181. The council reckon by hiring expensive top legal minds to beat us back they will do what the minority want but we will fight them. This inquiry could well last a long time as we have 49 witnesses and they are all demanding to be heard."

Ros added:

"There was an argument at the start as the council had stopped one of our witnesses giving evidence against them as she was in fact the local councillor for the area. A lot of what they have come up with is nonsense. They simply just want the freedom to make as much money from the land as they can. They still want to build some beach huts but what about the future? The village green status protects it forever so it will be saved for our children."

Inquiry chairman, barrister Lana Wood made it clear she is paid by KCC to host the inquiry as a public duty. She said:

"I am a barrister employed by Kent Council because we have a duty to carry out a public inquiry. When local people complain about CCC hiring a barrister they are referring to Richard Grant who is acting for them."

Mr Grant quizzed the first witness of the inquiry Mr Alan Joiner, 82. He told them how he had enjoyed walking both his and his daughter's dog for 23 years across the green and during the summer had picked blackberries and held family picnics and hoped it would stay that way. Other witnesses were due to give similar evidence this week as the inquiry moved from St Andrew's church hall to Christ Church.

HB Times 1st Dec 2011

Council fights bid to turn Downs into Village Green

Canterbury council bosses were this week racking up a huge legal bill battling to keep control of picturesque land in Herne Bay. A five-day public inquiry to stop the Downs being granted Village Green status opened on Monday 28th November, with top London barrister Richard Ground fighting the city council’s corner against local campaigner Phil Rose.

Mr Rose wants the mile-long stretch between the Kings Hall and Bishopstone Glen to be made a Village Green – taking its control out of council hands and protecting it from development. He made the application in September 2009 after plans surfaced to build beach huts on the eastern side of the site.

The council refused to support the bid, but independent inspector Lana Wood will rule on the case after the inquiry ends on Friday. It is expected complicated legal issues about what the land is actually owned for will play a huge part in her decision.

Mr Rose has collected more than 1,000 questionnaires from people backing his fight, making it the most strongly-supported application for a Village Green ever made in England and Wales. To qualify for the status, land must have been used by locals for “lawful sports and pastimes” for at least 20 years.

Mr Rose told the inquiry those who answered questionnaires had used the land for as long as 86 years. He also listed more than 70 sports and pastimes the land is used for, including dog walking, football, sledding, sunbathing and bagpipe playing. He said:

“We have met every single one of the tests required to register the application land as a Village Green.”

Barrister Mr Ground said most of the Downs has been owned by the city council or previous public authorities since the Second World War – large parts for longer. He added the council had no intention of developing the land or stopping anyone from using it for recreational purposes.

HB Gazette 1st Dec 2011 joewalker@thekmgroup.co.uk