Calls to preserve patch of land in Horsham as a village green rejected by West Sussex County Council

An application to have the land in Collingwood Road classified as a village green was turned down during a meeting of the planning and rights of way committee on Tuesday (March 19).

Residents started their fight to protect the land – which is classed as adopted highway – from development in 2022 when it was put up for sale.

Over the years it has been used for exercise, sporting activities, birthday parties, community events such as ‘clap for carers’ during the first Covid lock-down, community celebrations for VE Day and the late Queen’s jubilees, and seasonal activities such as carol singing.

Felicity Harrington, who put in the application, told the committee: “Our children have played on that green. We would like children always to be able to play on that green because the housing round there is primarily family housing.

“We really, really need open spaces where children can play.”

She raised concerns that the new owner, who bought the land in May 2023 not only planned to build on it but also wanted to put up fencing to stop people getting on to the grass.

Officers said the owner had been told she was not allowed to put up fencing as the site was highway land.

And if she still has plans to develop it, another planning application would need to be submitted.

A statement from the Horsham Society said: “Collingwood Road Green is a clear example of a green that should be and needs to be registered.

“The land in question was laid out as a green when the surrounding housing was built and was intended for public use, recreation and enjoyment.

“It has been used in this way ever since and is a much loved public amenity space which must be protected for future generations.”

There was a lot of sympathy from councillors for the application, with chairman Richard Burrett (Con, Pound Hill) saying it would be a ‘travesty’ if the land was developed.

But officers said it failed the legal test to determine if it could be registered as a village green, partly because it was highway land and partly because the use of the land ‘as of right’ for lawful sports and pastimes had not been proven.

Councillors were also reminded that whether or not development might be proposed in the future was irrelevant to their decision – they could only decide on what was placed before them on the day.

In the end, the legal situation proved ‘overwhelming’ and the recommendation from officers not to register the land as a village green was supported.