Kingswear Parish Council

                                                                                                              25 November 2005

I wrote to you in August of last year and at that time we were hopeful that we had a means to register Lighthouse Beach as a ‘village green’.  This was because of a recent ruling concerning land known as Trap Grounds in Oxford which is an open space that the City Council wished to sell as building land. The High Court ruled that in favour of the ‘Friends of Trap Grounds’ and Oxford County Council’s decision to register the land as a village green.  Our barrister advised that this opened the way to do the same with Lighthouse Beach.  We have prepared the necessary proof of use by the public and were ready to apply to Devon County Council which is the registering authority in our case.

However Oxford City Council took the matter to the Court of Appeal and won the appeal.  Not only did this block the way for us but the appeal ruling meant that any such application could be blocked by the land owner if he objected.  Since Mr Southwick is objecting this placed us in a worse place than before.  Application has now been made to the House of Lords to overturn the recent judgement.

In July the Government tabled a ‘Commons Bill’ and stated that “This will reverse the effect of a recent decision of the Court of Appeal, in what is known as the Trap Grounds case, which made it practically impossible for a new green to be registered against the wishes of the landowner, despite 20 years of use”.  It is understood that the Bill has all party support and could become law in the first half of next year.  In our barrister’s opinion “it is highly likely that the Bill will offer a new opportunity to register Lighthouse Beach”.

Meanwhile the appeal to the House of Lords is listed for hearing in March 2006 so that may give us the first opportunity to register Lighthouse Beach.  I understand that the Commons Bill will not be enacted until after then, and perhaps not until 2008, should any amendment be necessary from the House of Lords decision.

If you have access to the Internet you may like check progress by searching for Trap Grounds and Commons Bill.

Although this legal advice is slowly eating into the Fighting Fund there is no need for any further contributions at this time.  However we are always interested in adding more names in support since it can only strengthen our position.  So if you know of anyone who might contribute to the Fund but has not already done so then please put them in touch with Kingswear Parish Council.

I am stepping down as Clerk from the 30th of November but I will continue to take a close interest in Lighthouse Beach.  My successor is John Goulden of 31 Monastery Road, Paignton, TQ3 3BU.

Yours sincerely,

Michael C Stevens.

Clerk to the Council

3, Orchard Terrace,

Lower Contour Road

Kingswear,  TQ6 0AW

Tel & fax: 01803 752 642