Minutes for meeting 24th June regarding Brook Garth


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Minutes for the meeting regarding Brook Garth’s land registry application

Friday 24th June 2022 at Allerston Village Hall at 7.30pm.

PRESENT: Cllrs. D Hunter (Chair) C Read, K Stead, R Davies, S Muir, Mrs L Myers (Responsible Financial Officer) and Miss P Smalley (Clerk)

Members of the Public: 22 residents


1.   Welcome to all. The chair welcomed all councillors and residents to the meeting

2.   To receive apologies for absence – G Blunt, A Hall and D Briston

3.   Agenda item – Brook Garth’s land registry application
The discussion started off with members of the public stating their history with the land in question.
Kay Ingham: My children have played on the land, my husband played on the land when he was younger. It’s been used for generations. Allerston doesn’t have a village green – many people use this land as the village green which will almost halve if the application passes. The claimants’ land is all fenced off so activities happening on the land won’t disturb them.
Allerston village used to own common land behind the Cayley Arms. It was eventually sold at auction because villagers were complacent and not something we can afford to repeat. I used to bring my elderly father to the land to sit and enjoy as he was unable to walk to the bottom of the village where there are benches. He said that there weren’t enough places to sit in the village.
Jim Ingham: The Parish Council need to begin solely maintaining the land and ask the claimant to cease upkeep.

Cllr. Davis: The start of the Allerston to Wilton footpath begins at the water gap. This footpath means a lot to the community and joins the two parishes together. This is an area of land that has a long history of being used by the whole community. The best action to take is to oppose individually, with the Parish Council objecting also. The next step would be claiming the land as the Parish Councils.
Paul Fryatt: As a newcomer to the village, I walk with my grandchildren on this land and was told it was land that anyone can use.

Mary Kemp: The Methodist Chapel makes use of the land often for the children’s holiday club, picnics and children’s races.
Will Dunnett: Due to it being common land, it doesn’t matter who maintains it or not – no one has rights over it. To make it into a play area would cause a large liability.

Cllr. Read: Due to the fundraising of the Queen’s Jubilee Bench, it would be fitting for it to be placed on the land. There should be an event commemorating this occasion.

Iain Turnbull: The signs that stated ‘Common Land’ around the water gap have disappeared which would put visitors off using the field. The claimant has also dissuaded the public by using the land by putting up ‘Private Land’ signs around the perimeter.


The main points of objection are as follows:

-       The water gap is common land

-       It is in frequent use

-       It is desired and required by the village

-       The footpath that links the parish councils together begins here

-       It has been used as common land for many years and many generations

-       The statement the claimant has made that states they have been the only users since 2004 is false and needs to be corrected

-       There is clear photographic evidence to show the land in use for many different activities

-       The land was not in disrepair, it was a farm track to fields. It was in use.

-       The application may not end here – if the land is claimed, in time there could be glamping pods or holiday homes built on it.


It was stressed that the most important way of objecting was individually, alongside an objection from the Parish Council. If possible, dates and photographs to show how and when the land was used should be sent in with the objection as this will strengthen the cause.


The Parish Clerk will send out the applications to the members of public who noted down their email address in order for them to object individually. She will also look into getting an extension on the decision date and contact the claimant’s solicitor to ask them to withdraw the application due to the amount of objections.

It was agreed that another meeting ought to be held on Thursday 30th of June at 7:30pm to allow more people to put forwards their comments.







Meeting closed at 8:25pm