The West Beach - Village Green
22nd November 2011
The Judicial Review into the decision by East Sussex County Council to register the West Beach as a Village Green went on for an extra day, not closing until 4.45pm on Friday 11th November. The arguments centred on a number of very complicated points of law, which were very thoroughly debated by QCs representing Newhaven Port and Properties and East Sussex County Council, and by barristers representing Defra and Newhaven Town Council.
No decision was made by the judge on the final day - he will now go away and make a written judgement. Unfortunately, there is another case which has recently been heard by the Court of Appeal which may have some bearing on one of the legal issues discussed and so the judge will wait to read the judgement of that case before publishing his own decision. This means that it is almost certain that the judgement will not be received before Christmas, and it is possible that it may take until February.
24th October 2011
The Judicial Review into the decision by East Sussex County Council to register the West Beach as a Village Green will take place at the Royal Courts of Justice, Strand, London WC2A 2LL from 10am on 8th November. It is expected that the case will continue on 9th and 10th November. This is a court case between Newhaven Port and Properties, who own the West Beach, and the County Council. The Town Council will be represented at the hearing as an interested party.
Meanwhile, the Town Council's application to amend the Definitive Map to show the right of way along the promenade as extending the full width of the promenade to the top of the steps to the sandy beach, as it did in the original Definitive Map produced in the 1950s has been submitted to the County Council. NPP's solicitors have submitted an objection to the application which is being considered by the Town Council's legal advisors.
10th June 2011:
Newhaven Town Council has been told this week that permission has been given by the High Court for a judicial review to take place into the decision made by East Sussex County Council to register the West Beach as a Village Green.
The judicial review will be a court case between Newhaven Port and Properties, who own the beach and want to keep it closed, and East Sussex County Council, who will be defending their decision. Newhaven Town Council will attend the hearing to support the County Council and make sure that all the arguments in favour of re-opening the beach for local residents are heard, but it is not directly involved in the litigation. The review will be looking at whether the County Council has made a decision that was illegal, illogical or unfair because of a defect in the process that was followed to reach the decision. Both the County Council and the Town Council believe strongly that there was no such defect in the process.
The bad news for Newhaven's residents is that although the judge has said that the hearing should take place as soon as possible, it is unlikely to take place before the court closes for its long holiday in August (courts move very slowly).
Town Mayor, Councillor Steve Saunders, says "We are disappointed at the further delays that the judicial review will mean to the re-opening of the West Beach. We would encourage Newhaven Port & Properties to consider a temporary concession to the people of the Town and allow access to the beach until the case is finally decided upon. Another summer is in danger of passing without us being allowed to enjoy the only sandy beach for miles around."
18th March 2011:
People have been asking us what’s going on about the West Beach now that the 60 days has expired, so here is an update:
As most people will know, the County Council’s Village Green Registration Panel met just before Christmas and decided to accept the Inspector’s recommendation that the beach should be registered as a Village Green, but also decided to defer actually registering it for 60 days. The reason for this was that Newhaven Port and Properties’ solicitors had stated that if the decision to register the beach was taken they would challenge it by applying to the High Court for a Judicial Review.
Shortly before the 60 days elapsed, the Port Authority's solicitors duly submitted their application for a Judicial Review. There are two stages to the Judicial Review process - first the application for it to be heard - which is likely to be considered by the Court within the next two to three months (this is quickly by Court standards); then, if the application is granted, the actual Judicial Review itself, which would be at the High Court in London some time later.
The Town Council is only too well aware of how frustrating this is for the people of Newhaven. The Port Authority is clearly determined to put as many obstacles and delays in our path as possible and keep the beach closed for as long as possible. The Town Council has asked the County Council to register the beach as a Village Green whilst the case is waiting to be heard, but they have said no to this. Although it would be possible for the Town Council to take legal action of its own against the County Council to try to force it to register the beach, our legal advisors have advised against this. It would involve both the Town Council and the County Council in two costly legal battles at once, which would not be the best use of public money. Clearly it is a better use of resources for the Town and County Councils to work together to vigorously defend the County Council’s decision to register the beach.
So far as the jack up barges parked on the beach are concerned, the Port Authority have informed us that they are only there on a temporary basis for the winter and will be taken back out to sea when the summer comes. We have also been told that the car park is closed on a temporary basis only.
We are sorry not to be able to give the people of Newhaven better news. We always knew that this was going to be a long battle. Please be assured, however, that we will continue to fight it.
22nd December 2010:
East Sussex County Council's Village Green Registration Panel met this morning (Wednesday 22nd December 2010) to decide whether or not to accept the recommendation of the Inspector at July's Public Inquiry to register the West Beach as a Village Green.
The Panel decided to accept the recommendation - but also chose to defer the registration of the beach for 60 days. This is because Newhaven Port & Properties' solicitors have said that they will seek a judicial review of the decision in the High Court and this could involve the County Council in substantial legal costs if the registration goes ahead straight away.
A judicial review would usually look at whether the County Council had reached a decision which was illegal, illogical or unfair because of a defect in the procedure that was followed. The High Court would only grant permission for a judicial review to be held if it felt there was an arguable case.
The Mayor, Councillor Graham Amy said "it is frustrating that Newhaven Port & Properties continue to delay the process, but the Town Council remains confident that the beach will eventually reopen as a Village Green".
October 2010:
The Inspector who sat at the Public Inquiry into the application for Village Green status for the West Beach, Newhaven in July has now made her recommendation. She recommends that the beach is registered as a Village Green.
The report from Miss Ruth Stockley, the Inspector appointed by the County Council, concludes: “... it is my recommendation that the Registration Authority should accede to the application and should add the Application Land to its register of town and village greens. The grounds for the registration should be that the statutory criteria contained in Section 15(4) of the Commons Act 2006 have been established in relation to the Application Land, namely a significant number of the inhabitants of the locality of the Parish of Newhaven have indulged as of right in lawful sports and pastimes on the Application Land for a period of at least 20 years ...”
The Inspector heard evidence about the public right of way which runs from Fort Road to the shingle beach west of the harbour arm. She has concluded that this right of way does not currently lead to the West Beach. However, she recommends that the current lack of such a right of way leading to the Beach is not a ground to reject the Application. It would be possible for the Town Council to make a separate application for a right of way to be registered using the same sort of evidence as for the Village Green application – that thousands of people have accessed the beach for more than 20 years.
The Public Inquiry took place at Meeching Hall, Newhaven from 6th to 8th July. The Inspector heard verbal evidence from 10 residents of Newhaven as well as from the Town Council and was presented with over 1,000 written statements of support from local people together with 61 more detailed evidence questionnaires.
The next stage in this process is for East Sussex County Council to make a decision as to whether they accept this recommendation.
The Mayor of Newhaven, Councillor Graham Amy, said “If the County Council does decide to register the beach as a Village Green, the Town Council very much hopes that the Port Authority, which owns the beach, will be willing to work with us to make the necessary repairs to the steps and sea wall and get the beach open for local people as soon as possible.
“We are very grateful for the help and support given by local residents in making this application – we couldn’t have done it without you!”
BACKGROUND INFORMATION
Newhaven Town Council applied 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 confirmed 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 was submitted with the application. The application itself, a legal document, was filled in by the Town Council's solicitors.
The application was submitted to the County Council on Tuesday 16th December 2008.
Following this there wasw 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 2010 ESCC indicated that they would be arranging for a public inquiry to take place at the beginning of July.
Following this announcement a further two meetings took place 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 a 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.
Accordingly, the Village Green application was proceeded with and the Public Inquiry took place in July.
