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Town green status bid for Branksome Rec is grounds for concern


An application for a town green on a Poole public open space is being opposed by the landowner – the council.

Borough of Poole’s leisure services has registered an objection to the residents application for Branksome Rec, off Alder Road.

Clive Smith, head of leisure services, who has taken legal advice, has explained to the Daily Echo why he believes he would be failing in his duty if he did not oppose the bid.

Residents submitted the application to protect the 17-acre green a year ago but Mr Smith said it already has enough protection under council policies.

“I don’t think the legislation is intended for public open space that is well protected by planning and open space provision, strategies and regulations,” he said.

He said town green designation would restrict activities and improvements and curtail events such as organised football and the circus that regularly visits the rec.

“Fencing off for a circus, which we do every year, would not be acceptable under a town and village green,” he said. “Someone could object to that in law and we would have no choice but to comply with that.”

He said: “Town and village greens says this land is not exclusive, it is open to anybody at any time for recreation.”

That would leave the council at risk of committing a criminal offence. “That is the legal advice I have had,” he said. And enhancements such as cricket nets or climbing walls might not be allowed.

“If we don’t object we lose one recreation space for generations, perhaps that piece of open space forever. That’s not in the community’s or the council’s interest. I feel I would be negligent not to pursue that,” he said.

That decision has financial implications for council tax-payers and fears have been raised that it could cost up to £50,000 per application.

Objectors have until March 15 to register objections and the matter will then go before the council’s licensing committee, which could decide on a public enquiry.

An application from Baiter and Whitecliff residents for a town and village green has yet to reach this stage. The council is taking one at a time.


Comments(16)

BIGTONE says...
8:18pm Mon 8 Mar 10

Well if the Council did not try and push through the past plans for the rec they wouldn't have this catch 22 situation would they?
It is a clear message from the majority of residents and interested parties that the Council have mis-managed the Rec and let it run down through neglect.

sea poole says...
8:41pm Mon 8 Mar 10

I'm really worried about Mr Smith and his comments. He doesn't seem to understand reality. All applications for Town Green Status that have been approved have allowed recreational activities to continue. There is nothing to stop fairs, sporting activities etc continuing. I believe he's been told that and could check for himself. I'm even worried about the quality of 'legal advice' he's been given. It appears to be a red herring to cover his lack of knowledge on the subject or the effort to support TGS. What TGS will do is protect open spaces from development such as the absolute fiasco of the Solar Pyramid.

sea poole says...
8:45pm Mon 8 Mar 10

Sorry to continue with this subject, but Mr Smith is also only telling half a tale. The supposed costs of £50000+ will only be incurred IF the council OPPOSES the application. Mr Smith -why don't you tell the full story, instead of Chinese Whispers? It's almost disingenuous, but I think a great number of people have come to expect it of Poole Council, with a great example set by its elected members!

High Treason says...
9:06pm Mon 8 Mar 10

Go for it or the council will sell it for building just as Bournemouth Council sells everything.

dorsetspeed says...
9:31pm Mon 8 Mar 10

Join the action group in protest against the council:

http://www.facebook.
com/group.php?v=wall
&ref=search&gid=3248
07227155

SonofKinson says...
11:12pm Mon 8 Mar 10

A Town and Village Green Application, under the Act, does not restrict, curtail, or remove any existing sport from said place where sport already takes place. The Council has already and obviously given approval for such sports as football to take place.
.
Local sports committees and Club Chairman tried to pull the same trick over the Slades Farm application, which we sadly lost, due to a phrase of three words

MJD says...
4:51am Tue 9 Mar 10

If the council get its way this will come a lady's Walking field Gone. Look what it was replaced with ? Council speak with forked tongue.

Benniestewart says...
10:57am Tue 9 Mar 10

Local people are being driven in desperation to protect green spaces and greenland that would normally not be given any consideration by a local authority to build on sadly councillors and council employees are adopting highly challenging and provocative behaviour by forcing local groups to take action to protect
the environment if it were not for these local groups the land in question would already have been built on and lost '' for generations ''
Bournemouth Council will try do the
same thing by attempting to build an
Ice Rink in Kings Park it wont happen but once again its the local people who have to fight to protect our greenland whose interests to our
town councillors represent

David Howard says...
2:03pm Tue 9 Mar 10

Mr. Smith states that he “has taken legal advice” in deciding to oppose not only this ,but other TG applications. However Mr. Smith does not explain where that advice comes from ? It is our understanding that this emanates not from the Borough’s well staffed legal department but from an independent Barrister retained to advise the Borough how best to oppose these applications. Could we be told how much this is costing Taxpayers ??

thunkanmcthunk says...
2:57pm Tue 9 Mar 10

Let the green way go on BAD THUNK

http://thunkometer.w
ordpress.com/

Jason Lawford says...
2:59pm Tue 9 Mar 10

Town Green status should be applied to all of the remaining inner town green areas to protect it from long term development, and to keep green spaces for local and neighbouring residents to use.
In the past councils have seemingly just done what they want and taken land, TG status makes this harder to do (not impossible).

We MUST protect these inner green areas as they come under more and more pressure.

BH10et says...
4:44pm Tue 9 Mar 10

Benniestewart wrote:
Bournemouth Council will try do the
same thing by attempting to build an
Ice Rink in Kings Park it wont happen but once again its the local people who have to fight to protect our greenland whose interests to our
town councillors represent.
--------------------
------------------
The Ice Rink is part of the Vision to Bournemouth, and Vision to Kings Park. If anything it is the most appropriate place for it to be, being the centre of sport. Remember also that it is not only an IceRink but also many other facilities including Ice Hockey, Speed Skating, plus an Indoor Football facility, and much more.
--------------------
------------------
Security Word - park-gain

Benniestewart says...
8:16pm Tue 9 Mar 10

In response to the comments above
what on earth are you talking about
Parklands cannot sustain a commercially driven environment
enivitably you destroy wildlife lose
invaluable recreational and walking areas currently there is no infrastructure to support an industrial
building of a size that would be needed to accommodate the facilities you are talking about to provide the type of infrastructure
needed homes will have to be compulsorily purchased roads built
lighting provided whose going to pay for this the private owner that you seem happy to give free of charge Kings Park
Boscombe East Littledown and Springbourne are all densely populated residential areas that need and deserve protected Parklands
The most appropriate place to build
the type of enterprise being referred
to was and still is the town centre
'' the old bus station '' site this would service residents and tourists and not have an adverse impact on a green evironment
Good luck Branksome -
Beware Kings Park

BH10et says...
12:07am Wed 10 Mar 10

Benniestewart wrote:
In response to the comments above
what on earth are you talking about
Parklands cannot sustain a commercially driven environment
enivitably you destroy wildlife lose
invaluable recreational and walking areas currently there is no infrastructure to support an industrial
building of a size that would be needed to accommodate the facilities you are talking about to provide the type of infrastructure
needed homes will have to be compulsorily purchased roads built
lighting provided whose going to pay for this the private owner that you seem happy to give free of charge Kings Park
Boscombe East Littledown and Springbourne are all densely populated residential areas that need and deserve protected Parklands
The most appropriate place to build
the type of enterprise being referred
to was and still is the town centre
'' the old bus station '' site this would service residents and tourists and not have an adverse impact on a green evironment
Good luck Branksome -
Beware Kings Park
It is not what I am talking about, it is something that has been on the cards for sometime, and has had a very significant following, because the people of Bournemouth want something like this. As you will see, this is not just an Icerink, but much more, something that will be used. Kings Park is big enough to sustain this. Yes green space will be lost, but the town will gain a complex worth its weight. However, if you read my post I support the Town and Village Green application on such places as Branksome Rec, but that does not mean to stay that I would not support a sports facility.

BH10et says...
11:14am Wed 10 Mar 10

Benniestewart, add to the above post, and read it.
====
http://www.bournemou
th.gov.uk/Library/PD
F/An%20Ice%20Rink%20
for%20King%27s%20Par
k%20booklet.pdf

Benniestewart says...
6:22pm Wed 10 Mar 10

BH10's comments are perverse he supports the Branksome Rec request but obviously has no qualms about destroying a Park and habitat Kings Park is not big enough to sustain the type of commercial enterprise he envisages and furthermore the infrastructure that would be needed
to support such a commercial venture would impact on all the surrounding suburbs may I also remind BH10 Kings Park may be part of the Borough of Bournemouth but
is not in Bournemouth for many people especially our tourists would not want to bother with the hassle of finding it and getting to it
Private Commercial Enterprises have no place in a Public Park and should be easily accessible to all Bournemouth Town Centre is the place for this type of huge development


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