We have received the bad news that it has been recommended that our application for Village green status for Chorlton Meadows is rejected by the City Council. A pre-requisite of a village green application is that users must have used the land ‘as of right’ over a 20 year period. ie they had not been given permission by the landowner.
Vivian Chapman QC, (the judge at the recent public enquiry) concluded in his report that the two rusty, illegible signs at two corners of the meadow had been successful in informing users of the meadow that the land belonged to UMIST, and therefore that UMIST gave users permission to use the land. Below is part of his conclusion to his report, provided to The City Council.
[65] I conclude that the application fails on the preliminary point that user was not “as of right” during most of the relevant 20 year period because it was by permission of the landowner.
[66] Accordingly I recommend to the CRA that it rejects the application.
[67] Under the 2007 Regulations, it is necessary for the CRA to give written reasons for rejection. I recommend that the reasons are stated to be “the reasons set out in the inspector’s report dated 25th January 2011.
We have to say thank you to everyone that helped out / donated / came to fund raising events. After all the hard work I can only say that we are all devastated at this outcome, and the future of this much loved area is once again uncertain…
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