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Radley
Lakes Verdict: It's a No!
The
sun is setting over Thrupp Lake. Will it be forever?
[posted
16/10/2007, updated 17/10/2007]
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| On
13 October 2007, Inspector Vivian Chapman QC finally
delivered his 62 page report rejecting
the application by Mrs Jo Cartmell to register Thrupp
and Bullfield Lakes and their immediate surroundings
as a Town or Village Green under the Commons Registration
Act 1965. Despite finding "overwhelming evidence" of
use by the people of Abingdon, and fully acknowledging
the beauty and interest residing in the area, the inspector
nevertheless decided, based upon his expert interpretation
of the law, that the applicant had failed to prove that
the land was registrable as a Town Green. Accordingly
he has recommended that Oxfordshire County Council reject
the application, which, there is little doubt, they
will do. |
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RWE
npower, one of the world's largest electricity companies,
will now go ahead with ruining Radley Lakes. Local campaigners
are dismayed by the Inspector's decision that the land
does not qualify as Town Green. |
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Oxfordshire
County Council's Planning and Regulation Committee will
consider the Inspector's findings at its meeting scheduled
for 26th November. At the present time, there is little
doubt that councillors will accept the Inspector's recommendation
and reject the application. |
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| The Inquiry and its conclusions have nothing
whatsoever to with the rights and wrongs of npower's plans.
It is a verdict on whether the lakes are registrable as
a Town or Village Green under the Commons Registration
Act 1965, which nothing to do with planning. Had the application
been successful, it would have prevented any development
in the designated area. |
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| [Update 25/11/2007] |
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Save
Radley Lakes has since obtained an independent legal
opinion from a leading Barrister in the field. This
has declared the report to be legally unsound and, as
a result, Oxfordshire County Council has removed the
item from the agenda for 26th November. [See
separate story] |
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Background
to This Story
- The application to register the
Radley Lakes , Bullfield Lake and Thrupp Lake and
the land around them, as a Town Green was made by
Mrs Jo Cartmell on 19th October 2006.
- The registration authority, in
this case, is Oxfordshire County Council.
- The application was accepted
as duly made in December 2006, and Oxfordshire County
Council appointed senior barrister, Mr Vivian Chapman
QC , to head a non-statutory public inquiry into whether
the area was registrable. [more]
- The Public Inquiry was held in
Radley over 7 days during April and June 2007. [more]
- 35 witnesses gave oral evidence
in support of the applicant and 3 against. A further
78 witnesses (some of whom were couples) submitted
written evidence in support of the application.
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| Two
of the key findings of fact contained in the Inspector's
report are: |
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[237]
The evidence is overwhelming
that for many years, certainly since before 1986,
Thrupp and Bullfield Lakes have together formed a
popular destination for trips by residents of Abingdon.
They are only a short distance from the edge of Abingdon
and are readily accessible on foot or by bicycle using
public rights of way which are easily combined to
make a short round trip. It is also possible to park
a car near Sandles. There are very good views over
Thrupp Lake from the BOAT running down its E bank.
Thrupp Lake is an attractive expanse of water with
interesting waterfowl. The ease of access has increased
with the opening of the Sustrans route in 1999, but
I find that the trip to these lakes was very popular
with Abingdon residents even before 1999.
[238]
Although many people doubtless
confined themselves to the public rights of way running
along the E and S sides of the lakes, I find that,
since before 1986, a significant number of local people
have left the public rights of way and walked around
the sides of the two lakes. Since before 1986, it
has been possible freely to enter the application
land through an opening at the SE corner of the application
land. From there, it is possible to walk a circuit
of Bullfield Lake using the path along the isthmus
to the N of the lake and the path running through
the strip of land to the S of Bullfield Lake. It has
also been possible to walk a circuit of Thrupp Lake
by walking N or S of Bullfield Lake and then walking
along the W side of Thrupp Lake , exiting through
the Curtis works gate when it is open and then walking
along Thrupp Lane to the N of Thrupp Lake to rejoin
the E BOAT. Of course, these routes can also be walked
in reverse.
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| In view of these findings, many will find
the conclusions of the Inspector's report very hard to
understand. |
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