What they are and why they matter by Stephen Vince
Taken from the article that appears in the 2023 edition of Mistral magazine published by the Mersea Island Society. If you would like a copy of the magazine, please email info@merseaislandsociety.org
What is a village green?
Section 22 of the Commons Registration Act 1965 says that land can become a Village Green “if it is land on which for not less than 20 years a significant number of inhabitants of any locality have indulged in lawful sports and past times as a right and continue to do so”.
Section 29 of the Commons Act 1876 makes encroachment on, or enclosure of, a green and interference with, or occupation of the land, illegal unless (and this is key) it is with the aim of improving the enjoyment of the green to the betterment of all.
Standing up for Mersea's Village Greens
On the face of it, it seems that villagers, and societies like Mersea Island Society, have to protect the village greens and their rights with the help of DEFRA and the Open Spaces Society (also, our city ward Councilors are very supportive). This is because of the anomalous way our system works.
Essex County Council is the Commons Registration Authority for Village Greens but the Statutory Authority is the Parish Council and although Colchester City Council is the Planning Authority, Village Green status is not recognised as a material planning issue by them.
What this means in practice is that when a planning application is submitted for development or structures affecting a village green, the planning committee do not have it in their remit for grounds of objection. However, the planners must advise that approval, if it affects villagers’ rights or is harmful to the green, would be illegal.There should be a back-stop to stop for any encroachment or illegal harm to a green as permission is also required by DEFRA. This has never been sought or applied for regarding West Mersea Village Greens.
The official administrator for Parish Council is the Town Clerk. It seems that historically, West Mersea Town Clerks have had conflicts of interest, village rights have been ignored, and sometimes Town Clerks have come from outside the Borough (Rights of Village Greens are foremost for villages). For whatever reason, the concept of Village Greens has been a sticking point, locally.
For example: Village Green signs for VG241 (Coast Road nr. Dabchicks), displaying its number, map, and reference to the Enclosure Act and Commons Act, were manufactured and paid for by the Town Council many years ago. After gathering dust in the Town Clerk’s office for several years the signs were destroyed. New signs were made in the same format three years ago (2020) (and paid for from the City Ward Councillor's Budget) but these are also gathering dust in West Mersea Council Chambers. Despite requests to erect the signs, they have not been installed.
In 2008, the school/youth field north of Barfield Road was registered as a green, under section 13 of the Commons Registration Act 1965. The barrister representing West Mersea, during the course of a 3 day hearing at the MICA, held aloft the Capon Memorial mixed Hockey Cup stating “This is what they call, in America, Hard Evidence as the cup has engraved on it over 20 years of hockey played as a matter of right.” Football teams have traditionally used the green and a millennium pavilion was built on the green for these sports, also for tennis and as a shelter for the betterment of all. The Inspector was satisfied that the user evidence presented a clear and consistent picture and the extent of organizer use, particularly for hockey was, as he put it, “Hugely Striking”.
However, although the Barfield Road site is officially now a Village Green, such activities that secured its status can no longer be exercised as the sprawling, undulating concrete skatepark prevents this. The structure does not have valid permission from DEFRA, and does not seem to comply with the Commons Act “for the betterment of all”. This, therefore, compromises the WMTC position as guardians of Village Greens.
The Planning Inspector in his factual conclusions and on the basis of the law contained in the 1965 Act, recommended in his report of September 2, 2008, that the registered authority should accept the application. The application was accepted and then the green was sold to WMTC for £1.00.
Thus, it is essential that villagers and conservation bodies such as MIS continue to campaign to protect our Village Greens, as rights are being abused.
Interesting points about Village Greens
Whilst village greens tend to conjure up images of beautifully tended expanses of grass in the centre of a village maybe with a cricket pavilion or oak trees and maypoles, in fact, they are much more than that, and very varied. For instance, the village green near Dabchicks has no grass whatsoever.
According to the Open Spaces Society, there are about 3650 registered greens in England and about 220 in Wales, covering about 8150 and 620 acres respectively. Town and village greens are the essence of rural England and Wales. https://www.oss.org.uk/what-do-we-fight-for/village-greens/
Mersea's Village Greens
St. Peter's Well Meadow, Monkey Beach below St. Peter's Meadow & Boardwalk across St. Peter's Meadow.
West Mersea Park: Youth Field

West Mersea Park: Reymead Wood & Meadow
Parish Church Village Green

Coast Road Village Green nr. Dabchicks

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