Whitstable Oyster Fishery Report

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Dilution of claim: Whitstable beach and the down from Londoners A number of the inhabitants of Whitstable in Kent were forced to stake out their community or ‘locality’ when they sought to register a stretch of beach as a village green. Their attempt to do so was in response to the perceived risks of ‘enclosure’ of the beach, in the form of its economic development (the likely extension of an existing restaurant on the beach front, and the development and use of beach huts as accommodation for visitors to the restaurant) from its present owners, the entrepreneurial proprietors of the Whitstable Oyster Fishery Company. When trying, in the course of a non-statutory public inquiry, to demonstrate a nexus between local inhabitants and the beach, …show more content…

Following the inspector’s recommendations, in 2002 the County Council rejected the application to register the beach as a town or village green under s. 22 of the Commons Registration Act 1965 (now superseded by s. 15 of the Commons Act 2006). What follows is based on our own attendance at the inquiry, and documentation made available at the inquiry and the inspector’s report and recommendations. The proceedings were adversarial, with at times a great deal of animosity expressed between the parties, and were governed by a select group of planning barristers, fully conversant with the complexities of this area of law, and who conducted an, at times, fierce cross-questioning of the applicant’s (Whitstable Preservation Society’s) witnesses. 21 In terms of locality, the central issues at the inquiry were first, ‘is there an identifiable locality or neighbourhood within a locality whose actions found the right to register the beach as a town or village green?’ and second, ‘what is a ‘‘significant’’ number of inhabitants of the locality or neighbourhood within a locality’. On the first issue, the objectors (the current owner and potential developer of the beach) made much of the difficulties of establishing the boundaries of any …show more content…

Although an area ‘known to the law’, 22 when the applicants’ witnesses were invited by the objectors to identify themselves with the ward, they could not establish that the ward was a sufficiently defined locality or neighbourhood. The principal objectors went to great lengths to show that none of the traditional activities that might be associated with a locality or neighbourhood – churches, schools, voluntary associations and so on – took their participants solely from that area. The argument was therefore that the locality or neighbourhood should enjoy some ‘innate identity’ or ‘community’, but that it did not. The principal judicial authority for either of these tests for establishing a locality is found in Steed: (‘[W]hatever its precise limits, it [the locality] should connote something more than a place or geographical area – rather, a distinct and identifiable community, such as might reasonably lay claim to a town or village green as of right’ 23 ). Such an understanding of locality (as well as the newly introduced concept of ‘neighbourhood within a locality’) does not, as noted above, fit

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