The Inspector who held the two-day inquiry into the application to register amenity land at College Fields as a Village Green has delivered his verdict. It will be discussed at the meeting of Wiltshire Council’s Eastern Planning Committee in the Corn Exchange, Devizes on Thursday, March 22 – at 3pm.
His ruling – which is advisory only – comes out against the application. But his reason gives the applicants hope that the area (ownership of which was inherited by Wiltshire Council) can remain as amenity land and not be sold by Wiltshire Council for use as access to Marlborough College’s proposed housing development to the north of College Fields/Barton Park.
The Inspector says that on a point of law the land cannot become a Village Green because local residents already have a statutory right to use it for lawful sports and pastimes:
“It is my recommendation to the registration authority [Wiltshire Council] that the application to register should be rejected as the public had a statutory right to use the land for [lawful sports and pastimes] which, as a matter of law, precludes the registration of the application land as a [town or village green].”
It is thought that those opposing the registration – Wiltshire Council and Marlborough College – may appeal the Inspector’s decision on the public’s right to use the area.
Marlborough.news reported the inquiry’s proceedings here and here.
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