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Branksome Recreation Ground TVG application

www.boroughofpoole.com/leisureprojects3rd February 2011

17th September 2011:  Proposals for an outdoor fitness trail at Branksome Recreation Ground (2009, delayed by the TVG application) is further delayed by a legal challenge upon which a judgment is awaited as to whether the land does or does not meet the criteria for registration as a Town or Village Green. ... read about the project here

In February 2011 the council’s Licensing Sub-Committee voted unanimously not to register Branksome Recreation Ground as a town or village green.

The application, submitted by Mrs Jacqueline Wilson on behalf of the Branksome Rec Action Group was received by the council in July 2009.  As the land is managed by the council’s Leisure Services department the licensing sub-committee referred it to an independent public inquiry in July 2010, which was held in October 2010. 

Following the public inquiry, the inspector’s report recommended that the application be refused and after considering the evidence the committee upheld the recommendation when it met on 2 February 2011.

Cllr Judy Butt, Chairman of the Licensing Sub-Committee, Borough of Poole, said: "Following the independent inspector's report, the unanimous decision of the committee was to accept the recommendation and therefore reject the application for a town or village green." 

The application was rejected as it was deemed the applicant had not proved the use of the land over the relevant 20-year period was by inhabitants of a proven locality and that the use of the land for sports and pastimes was by right and not as of right.

The Licensing Sub-Committee was chaired by Cllr Judy Butt with vice chairs Cllr Graham Curtis and Cllr Les Burden. The licensing sub committee consists of two Conservative members and one Liberal Democrat member to be selected from the licensing committee


The Inspector's Report

An informal non statutory public inquiry for the application to register Branksome Recreation Ground as a town or village green was held over 3 days in October 2010.

The inquiry opened on Monday 11th October and sat on the following day, 12th October. Closing submissions were delivered verbally, accompanied by written texts, on Thursday 14th October 2010.

An evening session of the inquiry was held on Monday 11th October, to allow persons to attend who were not available during normal working hours.

In January 2011 Borough of Poole Registration Authority received the inspector's report on the inquiry .

The report is only a recommendation; the application was determined by the licensing sub-committee.


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