News from http://www.eastdevon.gov.uk Member Briefing 06 Feb 2013
Village Green application
The council has formally objected to an application for Village Green status for the
parkland surrounding Knowle, submitted by the Knowle Residents Association.
A copy of our objection is attached to this Briefing. In summary we have objected
on two legal grounds:
1. The locality or neighbourhood within a locality to which the application relates
is given as the north, south, east and west wards of Sidmouth Town Council.
Member briefing [06 February 2013] Page 2 of 3
We do not accept that this constitutes a “neighbourhood” for the purposes of
section 15 of the Commons Act 2006.
2. It is disputed that a significant number of inhabitants have indulged “as of
right” in lawful sports and pastimes on the land. If such use has taken place it
has been “by right” granted by the council. We made a similar representation
in March 2007 in relation to the Imperial Recreation Ground, Exmouth, and
the application was subsequently refused.