Agenda item

To amend the Register of Town and Village Greens by the addition of an area of land known as The Green, Birchdale Road, Wimborne, as shown on Drawing VG1-2024-1 attached as Appendix 1 in the report.

With the aid of a visual presentation including plans and aerial photographs, the Case Officer identified the site and outlined the proposal to members along with the relevant legal test for registration of the land as a Town or Village Green. The site, known locally as “The Green”, lay on the eastern side of Wimborne at the end of a cul-de-sac. A recent aerial image was reviewed, noting adjacent land proposed for development.

Members were informed that a planning application for the adjacent land had been refused, and a new planning application was in progress. As a result of the original planning application, part of the land included in the application for a Green could not be considered for registration.

The legal test for registration of a Green was considered in detail. An objection had been received from the owner of land to the east, raising concerns about the right to apply, neighbourhood cohesiveness, sufficiency of land use, and whether part of the land formed public highway. The applicant had been invited to comment and subsequently identified a cohesive locality they considered to meet the legal requirements as well as sufficient qualifying use. Officers had concluded that all elements of the legal criteria set out in the Common Act 2006 were met for part of the land subject to the application for a Green. Therefore, the officer recommendation was that application be accepted in part;

that:

a)    The application VG1/2024 to register land at Birchdale Road, Wimborne as Town or Village Green is accepted in part;

b)    The Register of Town and Village Greens should be updated by the addition of the area shown on Drawing VG1-2024-5 attached at Appendix 8.

Public Participation

Mrs J Whitfield reported that she had lived on Birchdale Road for 50 years and had used the green throughout that time. She explained that the area was originally created as a green area for the enjoyment and recreation of the residents as part of the estate’s development. After the developer became bankrupt, residents continued to use it as a safe children’s play space. With no other play area within a 30-minute walk, the green had served as a valued community space for social events, including coffee mornings and barbecues, and featured a donated bench and a jointly maintained garden. She stated that the green had strengthened community bonds and expressed her wish for it to be preserved for future generations

Members questions and comments

• Clarification was sought regarding the ownership of the land in cases where the previous owner had gone bankrupt and the Crown had not claimed the asset
• It was noted that the space had been well used by residents and members expressed best wishes for many more years of community use and celebration on the green.

Having had the opportunity to discuss the merits of the application and an understanding of all this entailed; having considered the officer’s report and presentation; the written representatives; and what they had heard at the meeting, a motion to APPROVE the officer’s recommendation to ACCEPT IN PART as recommended, was proposed by Cllr David Taylor, and seconded by Cllr David Tooke, subject to conditions set out in the officer report.

Decision: To accept in part for the reasons set out in Section 11 of the officer’s report.