Inquiry on village green stops!

The first three days of the Inquiry steadily improved as we found our feet and got better at highlighting the key points in the evidence of each of our witnesses. However, it all came juddering to a halt on Day Four.

We arrived at 9.50am on Thursday to find that Mr Ground was in the loo at the back of the Christchurch North Room. He had fallen prey to some kind of bug (norovirus from an oyster, perhaps?) and was forced to miss work for the first time in 16 years.

We all agreed with the Inspector that the best plan would be to assume the Mr Ground would also be out of action on the Friday, and to restart the Inquiry on the next available date. Matching up the diaries for Mr Ground, Canterbury City Council's representative, Kent County Council's representatives, the Inspector, and Ros and myself gave us the earliest possible date of Monday 12th March (!) to resume the Inquiry - North Room, Christchurch again.

All of the evidence given so far, and all the work done in the Inquiry so far, is all fine and safe - we don't have to start again from the very beginning (phew!). The second phase of the Inquiry will probably take most of the week starting 12th March - we'll be starting with a couple of days of our witnesses, then Canterbury's witnesses (all employees), then a site visit, and finishing with legal submissions.

The delay means that the issue remains unresolved for longer, but it does give both sides more time for preparation. To be honest though, I don't see how Canterbury can be any more thoroughly prepared than they already are: most of their witnesses were there for most of the time through the first three days. (Why? Mr Ground and Janet Taylor, Deputy Head of Legal @ CCC, were present throughout and taking notes, so would have been able to tell their witnesses what had happened each day.)

I was surprised that Janet Taylor didn't step up the mark to fill the breach left by Mr Ground: she has been our point of contact in CCC from the very start of the application over two years ago; she is (presumably) the one who has been given Mr Ground his instructions; she was there all day every day; she (and the CCC witnesses) were in briefing meetings with Mr Ground before each day started, and at every coffee and lunch break. With her legal qualifications and experience (over 25 years in CCC) and familiarity with the case, I would have thought she would be ideally placed to step in for Mr Ground for a couple of days. After all, that bit was simply asking questions, rather than writing the legal opinions. It would have saved time and money.

VG status will protect and preserve the Downs, regardless of who's running the Council. The Council will still be able to do the day to day maintenance, and the longer term coast defence work - just as they do now. In the Inquiry they were saying that they had legal advice that VG status "might" make coastal defence work harder to organise. Our research shows this is a red herring, so we asked to see their legal advice - they suddenly became very shy and fell silent.

The application doesn't involve any tax payers money - it's only the objection that starts running up the bills. CCC are of course entitled to object, but I do wish they would come clean about their true reasons for objecting. In the CCC Executive 13th Oct, they pointed out that without VG status they would be free to "lease the land, offer a concession, charge for use, and build on it" - I think this closer to the real reason that they're opposing the VG application.

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