talkclacton.myfastforum.org

admin · Site Admin Joined: 20 Nov 2006 Posts: 92

There's always something to say about the swans. Whether or not bird flu is topical!

amenity · Joined: 22 Nov 2006 Posts: 775 Location: Dovercourt

Passing the pond in Harwich the other day, noted it was very very low and does anybody know where the birds have gone?

EssexGurl · Joined: 22 Nov 2006 Posts: 222

They were relocated to Bobbits hole.......apparently we are supposed to be getting them back but the rumour is that we won't be.

amenity · Joined: 22 Nov 2006 Posts: 775 Location: Dovercourt

Wonder if the pond is in the way of the proposed new building plans?

EssexGurl · Joined: 22 Nov 2006 Posts: 222

I'm sure it is.......I wonder if there is a preservation order on it

amenity · Joined: 22 Nov 2006 Posts: 775 Location: Dovercourt

Heard the Open Spaces lady on Radio 4 the other day saying that there had been a court precedent set whereby people could put in a village green claim. Providing that they have enjoyed the open space for twenty years and have done so without permission. I'll try to find the ruling, not sure I can remember all the details.
Anyway the long and short of it is we can save our open spaces now in a way we never could in the past.

amenity · Joined: 22 Nov 2006 Posts: 775 Location: Dovercourt

Here it is, from Open Spaces Society web page,

2007

New law opens door to saving green spaces
6 April 2007

On Good Friday a new law for registering village greens came into effect.(1) This law replaces and clarifies the previous law on registering land as a town or village green,(2) where it has been used by local people, as of right,(3) for recreation for 20 years.

Says Nicola Hodgson, our case officer: 'This clarification of the law will make it easier for people to apply to register land as a town or village green, thereby saving it from development and securing its enjoyment by the local population.(4)

‘The new provisions limit the ways in which a landowner can defeat an application. They provide a period of grace after the use of land, as of right, has been ended by a landowner, during which an application can be made. Before now, the use had to continue right up to the date of registration, which meant that landowners could thwart an application by erecting a notice saying “keep out”.

‘The provisions ensure that a landowner granting permission for use of the land when there has already been 20 years use as of right cannot defeat an application.

‘Any period of statutory closure of land, for example during foot-and-mouth disease, is now disregarded when calculating the 20-year period of use.

‘Furthermore, thanks to the Open Spaces Society’s proposed amendments to the Commons Bill, for the first time landowners will be able to dedicate land as a village green. We shall encourage them to do so,’ concludes Nicola.

(1) Land can be registered as a town or village green if it has been used by local people for ‘lawful sports and pastimes’ (ie informal recreation) for 20 years, freely and openly. The registration authority is the county or unitary council.

(2) The law is contained in section 15 of the Commons Act 2006, which comes into effect on 6 April 2007. Full details can be found at http://www.defra.gov.uk/wildlife-...mmon/town-villagegreens/index.htm

(3) Use as of right, means that the use was without being secret, without force and without permission from the landowner.

(4) Any person may apply to the registration authority to register land as a green. Once registered, it is protected from encroachment and development by section 12 of the Inclosure Act 1845 and section 29 of the Commons Act 1876. Local people have a right to enjoy the land for recreation

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