Development plans for land near Congleton, Cheshire, have been dealt a blow after a judge revived the prospect of grass verges being registered as a town or village green (TVG).
Cheshire East Borough Council had rejected an application to register the land at Somerford, but now Mr Justice Stewart has quashed that decision and ordered a reconsideration.
If the site is ultimately registered as a TVG, the judge said it would impede or even thwart Richborough Estates’ plans for residential development of an adjoining site, as proposed access points cross the verges.
The developer objected to the application on the basis that the wide verges are part of the highway, and therefore not registerable as a TVG.
But applicant Nicholas Bell was supported by evidence from local residents describing their use of the so-called Somerford Green as of right for lawful sports and pastimes.
The judge ruled that, given the uncertain state of the documentary evidence, there were “sufficient disputes of factual issues” over the question of whether the land is part of the highway that there should have been a public inquiry into the application.
Somerford Parish Council v Cheshire East Borough Council Planning Court (Stewart J) 21 March 2016
Vivian Chapman QC (instructed by Wedlake Bell LLP) for the claimant
Philip Petchey (instructed by Cheshire East Borough Council) for the defendant
Morag Ellis QC (instructed by Gateley LLP) for the interested party
