Slades Farm Open Space / Town Green Status

1. The House of Lords decision in Lewis v Redcar which is the latest authority on whether the land has been used as of right. The case discusses whether those seeking to register land as a Town or Village Green have deferred to the Landowner's use of land.

This is in relation to the organised sporting activity such as football or Boredom Busters etc which were organised by the Landowner. Those using it for informal recreation, stated in cross examination that they had not walked across the field when a football match was being played and they did not interrupt the organised sports. The inspector has found that you deferrred to the landowner. It does not matter what the reasons for deference were. (i.e. courteously, good manners) but the fact that there was deference.

Before the House of Lords decision in Redcar last year this would have not been an issue. This case was decided after the application was submitted and so there was little that could be done.

2. The Inspector also concluded that the evidence produced by the Local Authority was enough to show that it had been appropriated as open space and therefore the Local Authority held it on trust as open space under the 1906 Act.

In these circumstances use is "of right" rather than "as of right". It is fatal to any application where land is appropriated in this way. The inspector does appear to have given this aspect of the argument a somewhat broad brush approach and given closer scrutiny this argument could potentially be challenged as the documentation produced by Bournemouth Borough Council was not complete.

However, the standard of proof is "on a balance of probabilities" and she was happy to rely on the documents showing that the land was appropriated as open space when it was originally bought. Inferences of appropriation can be drawn where there is no derinitve written evidence.

An application cannot succeed in these circumstances.