CEREDIGION County Council is set to go against residents’ wishes and deny a bid to turn a field in Waunfawr into a village green after a lengthy and costly battle.
A group of residents launched a legal battle with the county council hoping to have the Erw Goch field behind Hafan y Waun designated as a village green in order to protect it from a council bid to build more than 70 new homes in conjunction with Wales and West Housing on the site.
In response to the application, the council brought in external lawyers to fight the village green designation, claiming “statutory incompatibility” – with the land’s commercial value plummeting as its use is severely restricted.
A report from the solicitor, due to be put before council members on 26 October, found that the “statutory incompatibility” defence was made as “on the balance of probabilities” the land was “acquired for educational purposes” and therefore cannot become a village green.
How “educational purposes” covers the plan to build of new homes on the land is not made clear in the report.
The report says that the “doctrine of statutory incompatibility prevents the registration of the land as a village green”, and recommends the council refuse the application.
If councillors back the refusal, “this will bring the application process to an end.”
The Friends of Erw Goch group, who have battled with the council for years over the field, said they “strongly believe, that this argument of ‘statutory incompatibility’ is being used as a legal jargon tool aimed at blinding the applicant and county councillors”.
“The ‘independent’ barrister rubbished our arguments and it is clear from reading the report, that despite their attempts to appear independent, the barrister concerned is simply tailoring the report towards a refusal of the application,” they said.
“We are all aware that the council have no intention of using or maintaining the land for educational purposes – the land has been allocated for development and housing in the CCC Local Development Plan and subsequent planning application submitted in 2021.
“There is a very obvious conflict of interest in this matter with Ceredigion County Council being the land owner, the registration authority and also being a co-applicant in a planning application on the land in question.
“This lack of impartiality was further was highlighted by Ceredigion council authorising a paid barrister to work on their behalf which has cost the local taxpayer over £40,000.
“This has caused great concern for us a group as well as the wider community.
“We have consulted with the local community and residents have told us, in no uncertain terms, that we should continue to fight the cause for a village green to ensure that is not rejected on the basis of a prejudiced report and legal jargon.
“We feel as group that the recommendation should be refused, and to ensure that our village green application is given a fair and just hearing in a public enquiry.”