Town Green Status and how it can protect Dawlish Playing Fields at Sandy Lane

Protecting Our Playing Fields

Here's the history:  This land MUST be protected so in May 2007, with the help of the Open Spaces Society (www.oss.org.uk)  we applied to register it as a Town Green.  This affords the area the highest protection in the land against development. 

 The criteria for Town Green status? That the land must have been used for over 20 years by local people for air and exercise.  “Well enquiries showed use going back to before the 1940s, and showed that such use had NEVER been restricted. 

Town Green Facts:

1)    The land can still be developed for recreation or leisure purposes - to further the enjoyment of the land. 

2)    It CAN NOT be developed for housing, retail or commercial use.  It must stay as a leisure or recreation ground.

3)    It would still be maintained as it currently is, there is no reason as a village green that maintainance would change

4)    It does afford this land the highest protection against non-leisure development possible.

Armed with a lot of local research we submitted the application to turn Sandy Lane into a Town Green. Six organisations objected to the Town Green application, but of all these objectors, only ONE really had any sound basis for objecting—Dawlish Action for Youth, who had just received planning permission to build a Youth Centre on the land. Once we received the objections we changed the Town Green application and we are now waiting to hear the outcome from Devon County Council.   The objectors and their objections are below.

Some objections are very long, so there are downloads at the bottom of the page.  Under each objection is a VERY brief summary of DADS' response.   The information supplied here is in brief, in summary, and should not be used for legal purposes.  If you want to see the full amended application, please contact Paul Uren at Devon County Council.

-------------------------------------------------------------------------------------------------------------------------------------------------

TEIGNBRIDGE DISTRICT COUNCIL'S OBJECTION

From their letter, 7th August 2007

Teignbridge District Council would submit that Sandy Lane Recreation Area ought not to be registered as a Village Green.  Teignbridge District Council is the owner of the Sandy Lane Recreation area and holds it for use as a public open space.  All of this land has been used with the Council's permission for a wide variety of purposes. 

Part of the land is let to Dawlish Town Football Club and is fenced.  There is a marked out hockey pitch and separate pitch which is partly fenced; and a playing field with unrestricted access. On the basis that the use by the public has been with the District Council's consent it is submitted that the land cannot become a Village Green.

DADS: People do not need "permission" to use the land - people use it as of right and have done so for more than 20 years

  DAWLISH TOWN COUNCIL'S OBJECTION

From their letter, 26th July 2007

Members have directed me to inform you of Dawlish Town Council's objection to the registration of this land as a new village green for the following reasons.

Sandy Lane recreation area has been for that purpose for many years and as such since the land is in the ownership of the local authority is subject to restrictions in its use

The Council would like to be able to ensure that a youth/community centre would be built in the area where planning permission has already been given and that existing facilities at Sandy Lane recreation area should be allowed to evolve and develop as the situation demands

It is the opinion of this Council that the registration of the land is a blatant attempt to avoid or stop further or future development in the area.  This land is widely used by persons and organisations from outside the town of Dawlish

DADS: There are no byelaws or restrictions.  The youth centre can now go ahead, and yes - it IS a blatant attempt to STOP SUPERMARKETS OR A HOUSING DEVELOPMENT - OR BOTH!!!

  DAWLISH COMMUNITY TRUST

From their letter, 16th August 2007

We wish to object strongly to the application for the following reasons:

1)    The principal reason for our objection is that the extent of the land affected by this application includes a number of recreation buildings, community buildings and sites which are planned to be developed/re-developed over coming years, and that such action would appear to be prohibited if the whole of this land is placed on the register of Commons.

2)    The Strategic Action Plan prepared by the Dawlish Regeneration Group 9mcti project) includes a number of proposals relating to sport and leisure, either located or intended to be located on Sandy lane.  Our understanding is that the designation of Town or Village Green would deny the opportunity to build within the defined area.

3)    We align ourselves with Dawlish Action for Youth in their development of facilities for young people in Dawlish on a site at Sandy Lane which has been agreed with the landowner, Teignbridge District Council.  Devon County Council and dawlish Town Council have given their support and made financial commitments to ths project which will proceeed as soon as sufficient funding has been raised.  There is widespread support in the town and surrounding areas for the proposal by Dawlish Action for Youth.....

(for a full copy of the rest of the objection, please email us to request it)

....   We agree with the vocal majority view in Dawlish that the open space should be maintained for sporting and leisure uses in line with Dawlish Urban District Council's original purchase intentions, but in this context the application for a Village Green is too restrictive in its application.

DADS:  Please see the Youth Centre objection.  The application does allow for some buildings on the land so long as it's for the further enjoyment of the land, eg: benches, pavillions, etc.  BUT NOT SUPERMARKETS

  DAWLISH ACTION FOR YOUTH (DAY).  NOTE:  THIS OBJECTION HAS NOW BEEN WITHDRAWN!!    Thank you, DAY!

From their letter, 21st July 2007

... Our objection to this application is based on the understanding that if successful the designation of their land as Village Green will effectively block the development of youth facilities on this site.  I have spoken with the applicants and it is clear that they had not anticipated  this effect and are, in fact, very supportive of developing facilities for young people in our town...

DADS:  The amended application excluded the youth centre area, so it can still be built.  We certainly are supportive of DAY and we are grateful to them for withdrawing their objection.

  WESTERN POWER DISTRIBUTION

From their letter, 9th August 2007

Western Power Distribution PLC may have underground cables and substation affected by the proposed notice as shown on the enclosed plan.  Please treat this letter as our objection to the above Commons Act Notice unless the substation at Sandy Lane recreational area Dawlish is specifically excluded from the land included in the registration or in the alternative the Notice Order documentation contains the usual statuory users clause which protects our existing rights and access to our substation and equipment.

DADS:   The substation was excluded in the amended application

  DAWLISH ASSOCIATION FOOTBALL CLUB

From their letter 24th August 2007

This was a LONG objection - 29 pages to be precise!  So rather than give it you word for word, we'll sum up that the essence of it was that DAFC claimed the TWO bottom football pitches have been fenced in for years.    If you'd like to see the full objection you are very welcome. Simply email us and it will be sent to you

DADS:  We accept that one area was and is still fenced in.  This area has been excluded from the amended application.  However the other area is not and was not fenced in, ever.  We've evidence, and of course you're welcome to take a look yourself if you don't believe us!

----------------------------------------------------------------------------------------------------------------------------------------

All the original objections have been scanned in and are available below as downloads.