Monday, 15 June 2015

Yet more truth about Ashfield

There has been much talk of Ashfield and the Village Green Application. This has been going on for over 3 Yrs now. Wigan Council has said that they have to oppose the Village Green Application because if Ashfield got Village Green status then they would not be able to develop Ashfield for any recreational/ leisure use. However, I am a member of the Open Spaces Society, and I have asked them if Wigan Council's concerns are justified? Here is their legal officers response.

A village green is subject to protection under section 29 Commons Act
1876 and section 12 Inclosure Act 1857. The protection is wide and includes
damage and enclosure of the land as well as actions which interrupt the rights
of local people ( once the land is registered) to use the land for recreation.
Land is protected from development but no offence under the Acts are committed
if an action /works are taken which are for "the better enjoyment of the green".
In general facilities to assist recreation would not be in breach of the
legislation and neither would the erection of a small pavilion/changing rooms
directly related to use of the land. There should therefore be no reason why
improvements cannot  be made.

So as you can see Wigan Council has no reason to worry about not being able to develop it for leisure or recreational purposes as it is clear that you can. After all the Legal Officer of Open Spaces Society has no interest in Ashfield so their advice is independent and valid. Hopefully Wigan Council can rest at ease and remove their objection to the Village Green.

So with this in mind I have written to Wigan Council with this information and ask them now to remove their objection.

No comments:

Post a Comment

Note: only a member of this blog may post a comment.