Ryhall Meadows Village Green Application Faces Rejection, Rutland County Council's Planning Committee, 18th February 2025 7pm
Ryhall Meadows Village Green Application Faces Rejection
https://rutlandcounty.moderngov.co.uk/ieListDocuments.aspx?CId=275&MId=2937
Rutland County Council's Planning Committee will convene this evening to decide the fate of an application to register land at Ryhall Meadows as a new village green. The application, submitted by Ryhall and Belmesthorpe Parish Council, seeks to protect the field for recreational use. However, planning officers are recommending rejection, citing a failure to meet the necessary legal criteria.
The application, submitted under Section 15 of the Commons Act 2006, hinges on demonstrating that a significant number of local inhabitants have engaged in lawful sports and pastimes on the land "as of right" for at least 20 years. The Parish Council's submission included 43 user evidence questionnaires and numerous photographs, aiming to prove continuous recreational use dating back to 1955. Activities cited include dog walking, picnics, kite flying, and children's play.
The application site, adjacent to the Ryhall Meadows playing field, is accessible via kissing gates and crossed by Public Footpath E173. The River Gwash runs nearby, but activities related to the river have been discounted from the evidence.
While the application highlights extensive recreational use of the land, including well-worn paths and perimeter access, it faces significant challenges. A key point of contention is the "as of right" criterion. Objections from the landowners/trustees/agents and occupiers/previous occupiers cite an Environmental Stewardship Agreement in place from 2006 to 2016. This agreement, they argue, granted permissive access, meaning use was by permission rather than "as of right," thus interrupting the required 20-year continuous period. Although the Parish Council disputes the visibility of notices informing the public of this permission, officers consider the existence of the agreement itself as sufficient to establish permissive use.
Furthermore, objections claim the land has primarily been used for agricultural purposes, including cattle and sheep grazing, and that the adjacent, larger playing field already adequately serves the community's recreational needs. They suggest the application stems from confusion surrounding open access rights.
The Parish Council, in its counter-objection, argues that the permissive access scheme should be discounted due to a lack of evidence of displayed notices. They maintain that public use "as of right" continued throughout the stewardship period and that the 20-year requirement was met before 2006. They also raise questions about the legality of the stewardship agreement itself.
Despite the extensive evidence of recreational use, planning officers conclude that the "as of right" criterion has not been met due to the Environmental Stewardship Agreement. They acknowledge the land meets other criteria, such as being suitable for registration and having seen use by a significant number of local inhabitants for lawful sports and pastimes. However, the interruption caused by the permissive access agreement is deemed fatal to the application.
Therefore, the recommendation before the Planning Committee this evening is to reject the application to register the land at Ryhall Meadows as a village green. The decision rests with the committee members, who must weigh the evidence and arguments presented before them. The outcome will have significant implications for the future use and accessibility of this valued local space.
