Village green application rejected on technicality

Date: Monday 3rd September 2018

Sir, Eden District Council was disappointed to read the misleading headline on the front page of last week’s Herald is relation to Mr Cresswell’s application to have the land at Croft Terrace, Penrith, registered as a village green.

The matter was discussed by the county council’s development control and regulation committee on 23rd August, 2018.

The recommendation within the report of the executive director of Cumbria County Council is that the development control and regulation committee reject the application on the grounds that the statutory criteria contained at section 15 (2) of the Commons Act 2006 has not been established. The report does acknowledge the objection made by Eden District Council and is of the opinion that the evidence produced by the council verifies the objection.

However, the report goes on the say, and it is clear that this is the sole reason for recommending rejection of the application, that the report author is of the opinion that the evidence that has been produced by the applicant does not substantiate the conditions set out in section 15 (2) of the 2006 Act.

Eden District Council would like to reassure and inform the public that the land in question is identified as public open space in its emerging local plan for 2014-2032. This document is available to view on the council’s website

The council recognises the important role that green open spaces play in promoting health and wellbeing, social inclusion and community participation.

The council has policy in place that seeks to protect this type of land from development for future generations. Yours etc,


(Deputy chief executive and monitoring officer, Eden District Council)

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