Save Penarth Green respond to objectors against village green legal application
4:01pm Thursday 10th October 2013 in Penarth news
THE campaign group trying to designate the green verge between Sully Terrace and Archer Terrace in Penarth as a legal village green have written to the Vale of Glamorgan Council to contest objections to its application.
Save Penarth Green launched the legal bid in May, with the hope of protecting the area from development – including the controversial shared cycleway upgrade of the town's disused railway line, which is due to lay a resin-bound surface through the centre of the green.
Three statements of objection were submitted to the village green application, which is being dealt with by the legal department of the Vale of Glamorgan Council.
Two were from residents and the third was from the Vale of Glamorgan Council itself, who own the land and are behind the cycleway scheme.
The cycleway scheme, which was the subject of protests, meetings, and even a local referendum, was given the green light by council leaders at the end of September.
But Save Penarth Green campaign leader Hazel Bransfield believes the local authority cannot objectively rule on the legal application due to a “serious conflict of interest”.
In a ten-page document she says: “We believe that there is a serious conflict of interest in the registration process and the appeal process, in that the registration authority, an objector, the landowner, the appeal process and the shared legal expertise, all reside within the Vale of Glamorgan Council.
“The registration authority within the Vale of Glamorgan Council have provided a copy of the registration document to the landowner (the Vale of Glamorgan Council) and they state that the application ‘is to frustrate the proposal to undertake works on the land namely; a shared cycle path/footpath’.
“We believe that this opening statement is seriously prejudicial and as such calls into question the impartial nature of the various sections within the Vale of Glamorgan Council in dealing with this registration process.”
In the document Mrs Bransfield also argues that the majority of the objections from the two residents and the local authority are invalid, and should not be accepted.
She adds: “We believe that the Vale of Glamorgan Council has a duty to determine objectively in the case of the land at Sully Terrace/Archer Terrace and therefore must appoint an independent inspector.”
A lawful development certificate had previously been granted by the planning department of the local authority, making the proposal exempt from formal planning procedure and any consultation process.
The shared cycleway project will link Penarth Town Centre and Cosmeston with a 2km ‘all-weather’ surface .
The Save Penarth Green response to the applications objectors can be seen at http://www.savepenarthgreen.co.uk/tvg.pdf