RESIDENTS on a Rhyl housing estate have received a setback in their fight to have an open space designated as a village green.
Following a public inquiry in April an inspector has found that people living in the Park View estate off Dyserth Road, one of the largest private estates in Denbighshire, have not made out a case for the land off Ffordd Elan to be registered.
The recommendations of the inspector, barrister Ruth Stockley, who was appointed by the County Council, will be considered by the council’s cabinet later this week and a report to members states that rejecting the recommendation could result in a legal challenge.
The land in question is part-owned by the council and partly by Anwyl Construction, who have had planning applications to build on it rejected in the past.
Both objected to the application by Park View Residents’ Association.
At the hearing in April 21 the Association produced 180 pieces of evidence about the land having been used for recreation for at least 20 years and although the Inspector accepted that some areas had been used for lawful sports and pastimes in that time she ruled that it had not been carried out by “a significant number of the inhabitants of any qualifying locality or neighbourhood within a locality throughout the relevant 20-year periods.”
In a report to the cabinet principal solicitor Susan Cordiner recommends that the Inspector’s findings be adopted, but adds: “It is open to the council to designate land as a village green on a voluntary basis but that is a separate issue for the council as landowner.”
Following the inquiry, which cost £12,000, the council has received 15 letters urging the authority to designate the land as a village green.
A statement from the residents association says the appointment of Barrister Ruth Stockley went against its request for the appointment of a Planning Inspector from Cardiff.
“A village green status would protect the land from not only developers but from council officers who might in the future ignore the legally binding contract to protect this land.
“We are the largest private housing estate in Rhyl with the least public open space.
“We hope we are succesful with our village Green application but we will not give up.”