The High Court has ruled that Kent County Council is entitled to rule on whether a plot of land known as Two Fields, in Westbere, is a village green.
Town and village green status (TVG), part of the 2006 Commons Act, can be given to sites that have been used for “lawful sports and pastimes” for at least 20 years. They gain statutory protection that bars most forms of development.
The legal challenge is part of an ongoing dispute over plans to build a 250-home estate in the area. Campaigners have brought various legal bids to impede the development, and are now seeking to have Two Fields declared a village green as part of this process.
However, property developer Bellway Homes has challenged Kent County Council’s jurisdiction to make a decision. Bellway said the land has been identified as an area for potential development, a so-called ‘trigger event’ that can block applications for TVG status. It argued that council policy OS6, when read according to its interpretation, was an effective trigger event.
The case went to trial in July, and in a a ruling handed down today (14 October) High Court judge Justice Holgate backed the council.
“I conclude that, properly understood in the context of its accompanying explanatory text, policy OS6, whether read as part of the [Canterbury District Local Plan] as a whole or in isolation, does not identify land in the Green Gaps for potential development,” he wrote.
“Accordingly, the claim for judicial review is dismissed. The defendant… has jurisdiction to determine the application to register a town or village green.”
Bellway Homes Limited v Kent County Council and Dr Antonie Van Den Broek
Planning Court (Holgate J) 14 October 2022
