Decision details

4.1       The Panel considered a report by the Assistant Director Operations, Communities, Economy and Transport.

4.2       After consideration of the evidence submitted to the Registration Authority, the Panel concluded that the statutory criteria had not been made out.

4.3       The Panel expressed grave concern that the terms of the 1950 conveyance, referred to in paragraphs 54, 74 and 75 of the report, which sought to “keep and maintain the said land hereby conveyed as an open space and free from building or erections except such structures as may be incidental to the use of the land as a public open space or park…” had not been adhered to by Hastings Borough Council on the further transfer of the land to 1066 Housing Trust and subsequently Amicus Horizon.

4.4       The Panel RESOLVED to refuse the application to register land at the corner of Harley Shute Road and Edinburgh Road, St Leonards as a town or village green.  

Reasons

4.5       While the Panel were unanimous in their view that alternative legal remedies should be sought by the Applicant, in the light of the charitable covenant included in the conveyance to Hastings Borough Council by the donor of the land in 1950, they did not consider that there was sufficient evidence to register the land.