The West Beach - Village Green

Following comments made by Newhaven Port and Properties in the press concerning the Town Council's application for Village Green status for the West Beach and their claim that this may result in them withdrawing from the port, Newhaven Town Council has unanimously agreed to issue the following statement:

“It is the first time that Newhaven Town Council has directly received a written offer from Newhaven Port and Properties since the start of this process in 2008.

“The proposed solution lacks detail and was presented too late for the Council legally to make a decision on the timescale demanded by NPP.

“There is no way we could withdraw from the Village Green application process without a legally watertight agreement that would prevent NPP closing the beach again at any time.

“If we were to withdraw the Village Green application we would not be able to re-submit it in future.”

BACKGROUND INFORMATION (updated 29/4/10)

Newhaven Town Council is making an application to East Sussex County Council to give the Town's West Beach "Village Green" status. The sandy beach was closed at the beginning of 2008 by the owners Newhaven Port and Properties (NPP) on the grounds of health and safety. The French owned company say that the walls are in a dangerous condition and the beach has been closed for public safety. However, if Village Green status is granted NPP would be forced to open the beach back up to the public.

Village Green status is granted if local residents can prove they have used an open area as of right for activities such as kite flying, dog walking, picnicking and sporting activities for at least 20 years.

Throughout the summer of 2008 the Town Council was busy gathering evidence from local residents to support the application. Over 1,000 people filled in initial forms stating that they had used the beach and from these 60 people then filled in more detailed evidence questionnaires and agreed that, if necessary, they would be willing to appear in person to corroborate their evidence at any public inquiry that may be held. About 300 family photos taken on the beach between the 1930s and 2008 were brought in to the Town Council offices, where they were scanned, printed and made into an album of photographic evidence accompanied the application.

Once all the evidence had been gathered, the Town Council put together a 14 page Statement of Facts, which has been submitted with the application. The application itself, a legal document, has been filled in by the Town Council's solicitors.

The application was submitted to the County Council on Tuesday 16th December 2008.

Since then there has been informal discussion between members of the Town Council’s West Beach working group and the owners of the beach.

During September 2009, the owners put forward a proposal to move the sandy beach to the western side of the breakwater. At this same meeting the owners said that regardless of any repair work to the sea wall and steps, they would still not allow public access to the beach.

The working group asked for full details of this proposal before the end of 2009. The Village Green application was put ‘on-hold’ until this information was received. As of January 2010, no further information had been supplied by the owners of the beach.

East Sussex County Council  (ESCC) were asked to proceed with the Village Green application.

During March this year ESCC indicated that they would be arranging for a public inquiry to take place at the beginning of July.

Recently there have been a further two meetings with the owners following a request from the Council’s solicitor asking if they would re-open the beach whilst the Village Green inquiry was being organised.

The owners responded by saying that they would offer the beach to the Council at a peppercorn rent provided that NTC took responsibility for all public liability.

At the last meeting on 19th April 2010 NPP said that they would put something in writing regarding a draft Heads of Terms agreement.

This was received at the NTC office by email at about 11.00am on 27th April 2010.

The offer was conditional of the draft Heads of Terms being agreed at the Council meeting on the following day and that furthermore, the Council formally resolve to withdraw the Village Green application.

Legal advice taken by the town clerk on this ‘offer’ from NPP showed that it would be illegal for the Council to make a decision at such short notice.

The reason being that Council cannot lawfully transact business which is not on the meeting agenda.

For items to be considered by Council they must be on a agenda which must be displayed at least 3 clear days before the meeting not including weekends.