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This statement is for illustrative purposes it is set out as if the application land had some formal sports provision on it. This should be adopted for use as a statement of case for a local inquiry. It should be amended to reflect your own case.

APPLICANTS STATEMENT OF CASE
Application to Register Land as a Village Green
......address of site...........

The Applicants apply to the Registration Authority to register land known as .................. as a village green which they will demonstrate has been used as of right for lawful sports and pastimes for a period in excess of 20 years by the inhabitants of the locality.

  1. The application site consists of formal and informal recreation areas it is accepted by the Applicants that the land is owned in part or whole by .............................
  2. The Applicants will set out within their evidence to any inquiry into the application that they and other local residents have used the land without any formal permission, and that they have never been challenged as to whether they are entitled to use the land for sports and/or pastimes.
  3. The Applicants will also demonstrate that the stated locality is a locality recognisable at law as a locality that relates to the usage of the application site as a village green.
  4. Evidence will be presented to demonstrate that whilst some areas of the application land has on occasions been used for formal sports and that whilst during the period of those games some needed restrictions on access was required such restrictions have not prevented the use of the site as a village green, quite the contrary as the formal sports have opened up other opportunities for users, such as that of being spectators of those sporting activities, which will be shown are in themselves lawful pastimes.
  5. The Applicants argue that even if the Registration Authority concludes that limited parts of the site were not capable of being used for part or all of the statutory period then the Registration Authority can, and should, as opposed to rejection of the application register those parts of the site where no such limited restrictions may have applied.
  6. The Applicants will demonstrate that a significant number of inhabitants of the locality has used the land in a manner that can and is categorised as lawful sports and pastimes and that such usage has been more than spasmodic.
  7. The Applicants will point out that there are no stated restrictions being placed on the usage of the land, irrespective of any statements by objectors to the contrary. That there is no lawfully instigated by-laws that apply to the land that would restrict the usage or grant of permission to use the land, or prevents use and/or registration as a village green.
  8. The Applicants will also demonstrate that whilst some users of of the land may have been granted permission to use the land for formal sports, the granting of such consents and/or licences for such use failed to prevent the usage of the site by others exercising their right to use the land as a village green.
  9. The Applicants will set out a range of uses that they and others have undertaken on the application land that will be demonstrated are all for the purpose of the application to be classified as lawful sports and pastimes, and further that such uses were of degree of use that cannot be said to be spasmodic.

Signed ............................................... ............. 2007
For and on behalf of the Applicants.

© Planning Sanity - August 2008 (can be freely used by local communities within their campaigns.
Publication by third parties is permitted providing acknowledgment of Planning Sanity is given)
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