Village green campaigners head for defeat

RESIDENTS of Culcheth, attempting to block a housing development by applying for the land in question to be designated a village green, look to have lost the battle.
An independent barrister, David Manley QC, appointed by Warrington Borough Council to examine the residents’ case,has concluded that it is flawed and has no reasonable prospect of success.
Accordingly, he is recommending the council reject the application for a village green without holding a full inquiry into the issue.
The land in question is New Church Field, off Doeford Close, Culcheth – originally belonging to the former Newchurch Hospital. It is owned by housebuilders Redrow Homes who opposed the application for village green status
Resident Geoffrey Hardern applied for the land to be designated a village green, supported by other residents of the Doeford Close area.
The borough council’s traffic committee will be asked to make the final decision at their meeting on January 7.
A report to be considered by the committee points out that the residents have to be able to prove substantial use of the land for recreational purposes for 20 years.
Residents claimed the land had been used for recreation between June 1992 through to November 2012 when Redrow erected a fence around it.
The company point out that the residents had obtained only nine witness statements claiming evidence of the land being used – and that most of the evidence came from people living in houses which were not even built during the early part of the 20 year period.
This, in counsel’s view, was “fatal” to the residents’ claim.
Officers are recommending that the traffic committee reject the residents’ application without holding a full public inquiry .
Given the “fundamental flaws” in the application, an inquiry would not assist the council in reaching a decision.