AN ACTIVIST APPROACH TO THE PROTECTION OF OPEN SPACE

A  MICRO MONOGRAPHIC COLLECTION OF POWELLIAN EXPERIENCES AND SUGGESTIONS WITH A GENERAL UTILITY CONSTITUTION AT APPENDIX 1

The following is a montage of ideas and experiences which grew from a need to oppose some publicly unacceptable local government proposal to do something unspeakable ‘in the public interest’ to destroy for ever a much-beloved piece of open space.

The opinions and experiences constitute snapshots of successful actions and other matters, knowledge of which might be of use to others in similar circumstances seeking to prevent local authorities ‘protecting open space by covering it in concrete’.

I might accurately be described as democratically reserving the right to dislike all politicians equally; and as a person who entertains a growing conviction that you can often get a good indication of whether a politician is lying by watching his lips and if they move it is safest to assume he is lying.

Within the last 10 years I have been actively involved with, or have initiated opposition to, many matters. These include the development of a supermarket on Cripplegate Park, Worcester; developments at Newtown Road and Whittington Road, Worcester; development on public open space which, due to the strength of public opinion and appropriate use, became a village green.

I have also been actively involved with supporting village green claims at Elm Green Close in Worcester, Hayslan Fields in Malvern, land in Stourport on Severn, the Glebe in Clun, Shropshire, and in another somewhat more esoteric activities such as opposition to the completion of the ring road around Worcester.

These activities made use of petitions, marches, public meetings and the formation of opposition organisations.

However, in one case the group so formed decided to put up a candidate as an independent to challenge the entrenched parties whose policies threatened the development of open space which local people had cherished for decades.

Because of the strength of local opinion, the long-standing ward Labour candidate was ousted.

By all accounts, before the independent ousted him he was heading for a Parliamentary seat and the title of Mayor of Worcester, both of which had been his burning ambitions and neither of which is he now ever likely to achieve.

He became fairly well known locally as the Nelewuza because he nearly was an MP and he nearly was a Mayor. Some 10 years have now passed and no other party has ever regained the ward seat.

I can report that I have enjoyed that strange and precious power which has been distilled from such political hatred because of the fear with which it is associated. A little well-directed hatred appears to go a long and valuable way, appearing to function as a fear-powered elected-member hearing-aid.


THE ORIGINS OF OPPOSITION

In the local government context the process is simple enough. It most usually begins when a local authority wishes to do something to which significant numbers of members of the public are opposed.

However, for all sorts of reasons, widespread public opposition does not often grow instantly and immediately from the announcement of what later becomes seen as the objectionable proposal.  The delay can vary from months to a few years in some sad cases.

So those leading the opposition charge seem often to be fighting the initiators from the back of the battlefield.

Effective opposition is labour intensive and involves some cost. If you have ambitions to maximise your legal clout at some point you may consider the engagement of a solicitor, for example to write a letter on your behalf to emphasise a point of law, though solicitors need to be chosen with care, can be costly and are not essential unless you contemplate actions which are likely to lead to litigation.

In any event, while it may seem obvious, an opposition group which can command the disposal of a few thousands of pounds its cause always seems to be more influential than those who cannot command such resources.

The distillate of what I have so far pointed out will, I hope, make it clear to you generally, where the interests of many are involved, the formation of a group having an identifiable structure, recognisable membership and specific objectives has so many benefits that I am almost inclined to offer you the opinion that it is essential.

The needs and considerations when forming a group for claiming land as a town or village green are somewhat different from those providing opposition to a declared authority intention.

The differences of approach arise because the green claim is initiated by the claimants, and is the subject of a formal process defined in law and made by reference to a vast and growing body of law which inter alia identifies the evidence which needs to be gathered and shown to exist if the claim is to have any chance of succeeding.

In the course of making the claim and gathering the evidence, a reasonably well-established series of quasi-procedural events is required to be followed. It is evidence and the quality, quantity and certainty of it, which will be most likely to carry the day not public opinion.

I shall therefore deal separately with groups set up to deal with and carry forward a green claim from those set up to oppose decisions initiated by a local authority.

In order to make clear the distinction I wish to draw I refer to groups formed to oppose authority intentions as AI GROUPS and those for making village green claims as VG GROUPS


INITIAL CONSIDERATIONS BEFORE THE FORMATION OF AN AI GROUP -

In order to offer the best chances for success and to maximise the public identity with the cause, it is necessary for the prime movers to consider the identification of the objectives and goals of the group.

This or these, (it is a mistake to have too many), should not be too vague and/or too general, and must be something with which the public can readily associate and identify.

For example to have a goal which was to ensure that – ‘in the longer term the authority provided an adequate supply of open space’ while worthy and laudable and no doubt an objective that might command the nodded heads of the public is in my opinion too intangible and non specific to succeed.

An objective which is to prevent development taking place on XXX field would be readily understood and would enable the identification of clear and direct policies with which the public local to the threatened site would be most likely to identify.

My message is therefore to form local groups with readily identified objectives to address the defence of particular parcels of threatened open space.

However, where a massive and simultaneous disposal of open space takes place, it may be possible to form some sort of federation of local groups.

If a federation structure were appropriate, each group within it, while being individually opposed to the disposal of a particular parcel of open space, could cooperate in order to share successes and provide a degree of mutual support.

Such federated cooperation could minimise some of the research effort into areas which have a common benefit and may extend to pooling of expertise and resources if they are willing to be pooled. I return to the federation possibility later in this paper.


THE FORMATION OF THE AI GROUP

Having considered that to which the group is to be opposed, the next matter is to call a public meeting ideally to be held in the vicinity of the problem of concern from within the vicinity of which the group is to be formed.

Set a date and time about four weeks ahead and locate the available venue.

Four weeks is necessary to publicise the meeting and this might be best done by use of the local printed media, a leaflet drop through the letter boxes of 1000 or more local residences, and local radio. In addition you may care to consider the production of a few A3 posters to be placed in the local shops, garages, pubs and anywhere else the local people might congregate.

In all cases keep the messages simple. Take a leaf out of the politicians’ book and concentrate upon short, punchy, sound bites which are far better and much more likely to be read than long detailed explanations.

Make sure the meeting details are complete INCLUDING VENUE, DATE, START TIME, A PLACE WHERE CARS MAY BE PARKED - let others check the details before printing; it is surprising how frequently some critically vital detail is accidentally omitted.

The purpose will be to invite the meeting to agree that the formation of a group should take place and to elect members of the committee to stand.

A simple, general-purpose constitution should be available at the meeting and copies made available, perhaps placing a copy on every fourth chair or so.

I have devised a general-purpose constitution for use on these occasions which is available to you as a guide if you would like to take advantage of it.

Have a speaker to deliver a sympathetic, supportive and stirring view of what the loss of the open space will mean to local people, follow it with a proposal that a group be formed, then seek the election of committee members.

Before the meeting try to secure the agreement of those who may be prepared to take office if elected at the meeting. What you do not want to emerge at the meeting is a reluctance to fill the key positions.

Never turn away people who are willing to stand.

If you get more volunteers than are necessary to fill all of the posts identified in the constitution, form any number of sub-committees for particular specialised services such as research, fund-raising, publicity and so on.

Make sure that you have an attendance list at the meeting which invites people to tell you their address and telephone number and/or e-mail; you may be able to persuade them to help with future leaflet drops or other small efforts to the common good.

All the people on the attendance list become your members and you recruit others after this initial membership is identified.

Also of vital importance is to have tins or substantial boxes at the meeting into which your audience/members may care to place money to launch a fighting fund, preferably that most valued variety of money which does not rattle so much.

You might also mention at the meeting that you will, from time to time, have a need for resources and expertise, and within your audience there may be those who would be able and or prepared to offer such goods and or services or provide specialist expert advice to the newly formed action group.

With a constitution and a copy of the minutes at which it was resolved to do so you can set up an account at a bank to make receipt of cheque donations and payment by cheque possible.


THE ROOT SOURCES OF AI OPPOSITION ARGUMENT

In order of importance but not exclusively, these might include showing or strongly suggesting that the actions taken by the authority:-

1  are, or may be, contrary either to a statute or regulations,
2  were not in accordance with the law or best practice as suggested by the law
3  are contrary to a judicial authority,
4  are contrary to powerful and compelling formal guidance from central government, via Defra for example,
5  are contrary to some formally-issued best practice recommendation,
6  threaten the electoral security of some elected members (which must subsequently be demonstrated by mass public expression of dislike for, and opposition to, the actions taken by the authority),
7  are contrary to the needs of the public and required provision as demonstrated by an independent professional study (if this can be afforded),
8  are inferior to provisions in other comparable cities or other directly comparable locations,


HOW TO ACHIEVE THE EXECUTION OF AI OPPOSITION

The most valuable and telling actions will be predicated upon knowledge obtained from authoritative independent sources.

Therefore, become familiar with all the involved statutes and related guidance and formal advice you can lay your hands on.

What you are looking for is either that the authority has acted contrary to law, or that some exploitable flaw has crept into the procedures associated with the disposal of the land which you can make use of to compel, persuade or embarrass the authority. In addition there may be covenants on the land which are binding upon the successors in title.

Alternatively perhaps you may discover they have acted contrary to local planning policy or that what will result will be an under provision or inferior provision.

Once you have obtained the knowledge, your corporate consideration of it will lead to suggestions as to how you may use it; be ambitious in your thoughts.

For example, as an extreme possibility, if you are a well-heeled action group you may have sufficient disposable fighting capital to engage the services of a retired senior town planner to make an independent study of the open space provision in your area which you can publicise and exploit in all sorts of ways.

However an expert is not necessary if you can’t find one or afford one.

I once produced a 10.000 word study of Worcester City employment land policies which appeared to be gobbling up open space land at a devastating rate. Thirty-five copies were produced and went like the proverbial hot cakes, swelling the fighting fund. In media terms it became the source of a centre-page spread in the local paper and publicised the cause at that time very well indeed.

Among a number of other things which I have tried, and which I believe were successful. were:-

Dressed as a town crier ringing a bell and wearing a Tricorn hat I led a march of 500 protesters headed by a very photogenic youth kazoo and drum marching-band dressed up in their uniforms, for about 1km through the City of Worcester to the Guildhall to deliver a 16,000 - signature petition against building a supermarket on Cripplegate Park with lots of media in attendance. We had police authority for the march and traffic was stopped to let us pass.

On another occasion a public meeting was called. On the stage were three leading councillors proposing the Cripplegate supermarket development and three leading local figures who were opposed to it. I chaired the meeting at which the audience could put questions and receive views and opinions from the panel of six with the audience able to make contributions.

With a small amount of orchestration it was a hostile meeting, at the end of which a motion was put to the 300-strong audience. This was almost unanimous in opposing the development. On such occasions, if councillors are invited and refuse to attend, publicising their invitation and refusal can also be rewarding.

A constant stream of letters should be kept flowing into the local papers from a wide variety of sources, and at every council meeting the public gallery should be filled with banner and placard waving protestors making their opposition points.

Now, in the light of the freedom of information legislation, much more information can be obtained.

What should be avoided is a big-bang launch of your group announcing thunderous intentions, followed by an embarrassingly long and deafening silence because, just like the duck, nothing much of what is happening out of sight rises to the visible surface.

Post-launch communication which maintains interest is important.

Think carefully in choosing the name of your group.

A name such as The Friends Of xxxxx field carries a risk, the public may perceive the purpose of a group, bearing such the name friends of etc, as being rooted more in organised litter-pick parties and the removal of graffiti than in vigorous and outspoken opposition in defence of that which they hold dear.

I reach this conclusion because the public at large, whom you will hope to attract to your cause, will be likely to form such an opinion of your group’s litter and graffiti purposes because groups having litter and graffiti removal objectives most often, in my experience, have names such as the friends of xxxx.

It also seems important to me not to take on too many battles with one group. I cannot imagine one centralized group effectively defending every bit of threatened open space anywhere within a city from a central location, inevitably some distance from many threatened parcels, and in the course of doing all this being sufficiently focused to maintain contact with its members to keep their interest alive.

Returning to the ;’federation’ concept, I can imagine the ‘federation’ structure referred to earlier working quite well in such circumstances, it can carry out the research necessary in order to provide the sustaining arguments which many local groups will make use of in their campaign. Without such a federation each individual group would need to do its own research.

Nevertheless, in multi-threat circumstances I can imagine that such a federation might draw together contributed resources from the groups, perhaps to service the purchase of specialist advice which might corporately be affordable but which might be beyond the financial reach of much smaller individual action groups.

I can also imagine that, in a multi-threat context, such a federation might have a wider role.

This is because local anger is all too sadly not often the precursor of the local initiative, therefore such a committee-structured federation, after first forming itself, might be able to provide the often missing local initiative by proactively calling meetings in the localities of parcels of open space under particular threat, and thereby bring about the formation of the local action groups.

It would however be essential to approach the corporate creation of local action groups thoughtfully and sensitivity in order to ensure it did not conflict with any emerging local initiative.


WITH REGARD TO THE SPECIAL CASE OF PROTECTING LAND BY VILLAGE GREEN CLAIM VIA THE FORMATION OF A VG GROUP

There are equally good arguments for forming a group to process and assist the collection of evidence and associated matters concerned with claiming a town or village green, including raising money to meet running expenses of copying, letters, stamps, envelopes, phone calls and such like but they are not totally the same as they would be for AI groups

To explain the differences I include this beginners’ guide, for the benefit of those who have never been sure what a town or village green is.

It is perhaps of value to open a beginners’ guide such as this by a thumbnail exploration of what the origins of Town or Village Greens might have been.

The most minute detail of their origins is lost in the mists of time.

However back in those distant times it can reasonably be supposed that there was so much unoccupied, unused land, much more than anyone could possibly use, and that it had little or no value at all.

In 1066, the population of the entire country was under two million people which is less than one quarter of the population of London today.

In those distant days, the structure of society was symbolised and modelled upon the manor and, within that environment, the need to play was expressed and carried out on a piece of waste land which had no value.

Gradually, at first, populations grew and, as disease control and treatments overcame early death, populations grew rapidly, and as populations grew so the value of land also grew.

Commensurate with this growth, opportunities were presented for lords of the manor to make money by selling their produce to towns or export it to Europe and further afield.

This led to land being enclosed and, when it was, the land upon which people played was often recognised in land allotted for recreation; more generally in recent times referred to as recreational allotments.

In this general way these matters of our evolution proceeded with ever increasing pressure upon land as it increased in value and the population numbers inexorably increased.

The particular position of common land and village greens brought about the setting up of the Royal Commission on Common Land in the years 1955 to 1958, and this led to the Commons Registration Act 1965. This provided that all commons and greens must be registered and any not registered would cease to exist as commons and greens.

Village greens were claimed upon the basis of evidence showing their customary use over very many years, in some cases supported by, or simply claimed upon, the basis of what could be shown to be greens which arose as recreational allotments when the lands of the manor were enclosed.

The Commons Registration Act 1965 also recognised that new town or village greens ( there is no difference between them) could be brought into existence by appropriate qualifying use, and the act set down the criteria which must be satisfied in order for a claim to succeed.

However the act was not a shining example of the parliamentary draftsman’s art and many barristers have dined well in consequence of its failings.

Having criticised the draftsman it should be borne in mind that the Commons Registration Act was at the time promised to be but one piece of a raft of measures to address the process and procedures. Because the remainder of the raft did not appear and because land values have escalated, developers have frequently challenged the decisions of registration authorities in the courts and gradually by this process the law has been variously cleared and muddied.

In England and Wales there are somewhere in the region of 3780 registered greens which between them cover approximately 8770 acres and the average size is around 2.3 acres.

Sizes of greens vary very greatly from far less than one acre in some cases to over 23 acres and I was involved with one green of around 23 acres which was subsequently registered within the boundary of Worcester City.

From the above introductory piece you will I hope have learned that such claims are natural, commonplace, honourable and a right recognised by history and enshrined in modern law.

There is nothing disreputable, underhand or antisocial about such claims and you have the right to pursue your claim and to present evidence in support of it.

This leads me to the point where I need to explain to you the evidence which you need to be able to provide, and that which you need to demonstrate has been the case, in order to give your application some reasonable prospect of success.

The first and usually the most simple and reasonably obvious fact that needs to be established is the area of land which is the subject of your claim.

In order to qualify, it must be land on which a significant number of the inhabitants of any locality or of any neighbourhood within a locality have indulged in lawful sports and pastimes for 20 years or more as of right.

While it is obviously beneficial if all of those submitting evidence of use are able to show use back across 20 years or more, it is not necessary that all of them have individually used the land for the qualifying purposes for a period of 20 years or more.

This is because what must be established is that the land has been used for those qualifying purposes in the qualifying manner for 20 years at least.

Therefore individual evidential contributions of qualifying use for periods of less than 20 years which can, when those individual contributions are considered and taken together, show that the land has been used for those qualifying purposes throughout the 20 year period of your claim will have the validity to support your claim.

This land which is the subject of your claim needs to be shown clearly on a map of a scale as large as you can reasonably obtain perhaps at a scale of 1:2500.

You will also need clearly to identify, preferably on the same map the boundary of the locality or neighbourhood from which the people who mainly make the qualifying recreational use of the land come and within which they live.

It is not absolutely essential that the only people who use the land for the recreational purposes comprising the lawful sports and pastimes live within the area of your claimed locality or any neighbourhood within that locality.

The claim will not fail if those who oppose you show that others from further away have also made use of the land for the lawful sports and pastime purposes.

However it will be necessary to establish the fact that a significant number of those people who use the land are local people who live within the residential area you have identified.

Those who submit evidence are required to show, and if your claim is to succeed you will need to establish, that the use for the qualifying period and for the qualifying recreational purposes has been as of right.

In order for the use to have been as of right it must have been use that was made without force, without stealth and, most importantly and quite essentially, without permission.

Use by force would include breaking any locked gates to gain access or climbing over a locked gate or breaking down or climbing over a fence in order to gain access.

Use by stealth would mean that use only took place out of sight of the owner behind his back.

Finally and most importantly I address the concept of the requirement that use MUST, absolutely MUST, have been without permission.

Periodically all of us can be, and quite often we are, reasonably casual in the ordinary general every day use of the language we employ to communicate ideas to each other.

So we may in a relaxed and somewhat imprecise every day manner casually say to a friend that “I believed we had the right to use the land concerned” or “I believed we had permission to make use of the land concerned”.

While both statements communicate the same general idea, where a green claim is concerned, the first statement supports the claim whereas the second statement could condemn the claim to failure.

I turn now to the matter of the lawful sports and pastimes.

A wide variety of activities may be taken to comprise lawful sports and pastimes including

Archery
Cricket
Riding horses and ponies
Children playing in almost any of the forms which children’s play takes
Dancing
Maypole celebrations
Fishing
Football
Rounders
Walking informally by way of idling or meandering
Sketching
Drawing
Bird watching
Picnicking
Photography
Walking the dog
Looking at wild flowers
Picking blackberries
Almost any ball game or game played with a shuttle such as badminton.
Celebrations and associated parties such a jubilees and such like.

There are several points to take note of in the submission of evidence.

Firstly it should be remembered that someone has the task of studying all of the evidence submitted and secondly all of the people submitting evidence should in the interests of making a valid green claim address the same basic questions in order to provide their own individual answers.

These two facts lead naturally to the consideration of how those to elements might best be achieved.

The answer to that question has emerged from decades of consideration by the Open Spaces Society and consists of the evidence form which optimises evidence collection and analysis and should in my opinion always be used for these very good reasons.

The inclusion of evidence of some form of organised games such as football, rounders, cricket or hockey etc, often seems to make a particularly valuable contribution.

Where any evidence submitted can be corroborated by other evidence providers and/or supported by dated photographs or newspaper cuttings it should always be so supported.

Avoid claiming any activity making use of motorised vehicles.

Avoid claiming walking across the green to the shops or to see a neighbour because such uses can be argued to be more related to the existence of public highways.

However walking around the green in the course of which you incidentally called at the shop or on a neighbour would seem to me to qualify.

When all of the evidence you are intending to submit has been dispatched to the registration authority it will be submitted to the owner of the land and an exchange of correspondence via the registration authority will begin.

At some point the registration authority will most probably appoint, and should appoint, a barrister learned in this field of law to weigh the evidence and it is strongly advised that at every opportunity you press for a an independent hearing.

In the course of pressing for a hearing it would be helpful to cite the decision in the case of Whitmey (Christopher John) (R on the application of) v The Commons Commissioners case No co/1884/2003 at paragraph 29which is inserted below in my italicised emphasis:-

29. In order to act reasonably, the registration authority must bear in mind that its decision carries legal consequences. If it accepts the application, amendment of the register may have a significant effect on the owner of the land or indeed on any person who might be held to have caused damage to a green and thus to have incurred a penalty under section 12 of the Inclosure Act 1857. (There may be other similar provisions imposing liability to offences or penalties). Likewise, if it wrongly rejects the application, the rights of the applicant will not receive the protection intended by Parliament. In cases where it is clear to the registration authority that the application or any objection to it has no substance, the course it should take will be plain. If, however, that is not the case, the authority may well properly decide, pursuant to its powers under section 111 of the 1972 Act, to hold an inquiry.

We are told that it is the practice for local authorities so to do either by appointing an independent inspector or by holding a hearing in front of a committee. If the dispute is serious in nature, I agree with Waller LJ that if the registration authority has itself to make a decision on the application (c.f. paragraphs 31 and 32 below), it should proceed only after receiving the report of an independent expert (by which I mean a legal expert) who has at the registration authority's request held a non-statutory public inquiry.

With the prospect of a hearing in mind it will be necessary to consider which of the many people who have submitted evidence of qualifying use would be the most suitable and prepared to become witnesses at the hearing when they would be subject to cross examination by the opponents of the registration.

What you need for this purpose is people who are articulate, confident, not easily intimidated and resolute in pursuing the claim submitted and precise in their use of language particularly in regard to use “as of right”.

Evidence in support of the claim should totally exclude the concept and any suggestion that an element of permission validated the use.

It is also important to bear in mind for any hearing that might be called, and which should be called, that someone should be prepared to function as advocate for the claimants.

It does not need to be a solicitor but it should be someone who has some experience, for example of public path inquiries.

The person acting in the role of advocate has the opportunity to cross examine witnesses from those opposing the claim and this can be a very valuable part of the proceedings.

Very often the motivation for a green claim arises from a development intention becoming known to those who have used the land in the required manner and angry points of argument are also frequently heard and expressed.

It is important to bear in mind in pursuing a green claim that none of the matters and issues which may have been exercising you in regard to the disposal of public open space or the development of it have any place in the evidential submissions in regard to the claim for the land as a green.

It will not be helpful to confuse the two issues in individual evidence submissions and it is important that witnesses understand that.

As a small but I believe important side issue, these matters often include a war of words or become a war of words because this is a war which suits the media and therefore may influence elected members.

In consequence of which you may be confronted by arguments put to you in the hope of undermining your resolve or which are intended to make your claim seem petty or small minded.

This attempt as it may be put to you, will be to the effect that all you are really doing is nothing more than attempting to stop the development of socially responsible, affordable homes for the less well off and therefore disadvantaged in society as the result of which many people without homes will suffer.

The counter to this might effectively be that you are doing nothing more than protecting a right established by the population of the locality and you are doing it according to statutory procedures long established in law.

You are exercising rights democratically provided by the legislature in Parliament to protect public assets which should not be sacrificed upon the altar of private gain.

Those whose public rights are being threatened in this way and indeed in any other way would respond as they are now doing no matter what the threat presented which had the intention of terminating those time honoured wider community rights enjoyed over decades.

From what has gone before it will be clear to you that there is a great deal of work in formulating and presenting a green claim and in dealing with subsequent issues which inevitably seem to arise.

In addition there are always some costs associated with such a claim, mostly arising from photocopying, postage, some travelling expenses, stationery, telephone and other administration costs.

However, while it is to no extent necessary to do so, should you decide upon professional advocacy to present and argue your case at a hearing then those costs may be substantial.

In my experience it is always beneficial to approach such a claim with a group structure.

Such a structure, if it is given some quasi formality as provided by the constitution, can facilitate the opening of an account by the group at a bank thereby enabling payments by cheque to be made and cheque donations to be received and dealt with appropriately.

In addition and importantly the group can share in fund raising to cover the costs and also share the work inevitably involved and required and such an approach you may well wish to consider.

Finally I point out that this simple first steps guide to green claims is not an alternative to becoming more knowledgeable. For the few £’s involved the booklet Getting Greens Registered is the best return on capital employed and the most valuable single purchase any green claim group can make.

Inside the booklet is the reproducible evidence form which alone is worth the cover price the use of which is strongly recommended and among other valuable services it provides your claim with the professional excellence it deserves.

 

APPENDIX 1

…………………….ACTION GROUP

CONSTITUTION

1. The name of the Group shall be ………………………………. Action Group.

2. OBJECTS

2.1 The objects of the Group shall be to take all reasonable and lawful actions to prevent development on the ……………………………………. Site.

2.2 To ensure that no actions are taken to encourage, support or condone the development of the Site.

2.3 To make the opposition of this development a focal point for the community and all those who oppose the development.

2.4 To engage in such measures as from time to time seem appropriate to achieve these objects.

3. MEMBERSHIP

3.1 Membership is open to all who support the objects of the Group.

3.2 The committee shall have the right for good and sufficient reason to terminate the membership of any individual who, by actions, words or otherwise, undermines, or seeks to undermine, the objects of the Group.

3.3 Any person shall achieve membership of the Group upon being accepted by, and giving their name and address to, any member of the committee.

3.4 There shall be no subscription due but the committee may from time to time make donation requests to cover any incidental expenses.

4. HONORARY OFFICERS OF THE COMMITTEE These shall be

4.1 Chairman

4.2 Vice-Chairman

4.3 Secretary

4.4 Treasurer/Membership Secretary

4.5 Publicity Co-ordinator

4.6 Up to seven ordinary members

4.7 The committee shall have the power to fill vacancies.

4.8 The committee shall have power to co-opt not more than four additional committee members.

4.9 The committee shall decide when and where it shall meet.

4.10 Five committee members shall form a quorum.

4.11 A special general meeting of all members shall be called by the Secretary as soon as may be at the request of the Chairman or of not less than three members of the committee.

4.12 A special general meeting of all members shall be called if not less than twenty-five percent of the members make a request in writing to the Secretary for such a meeting.

5. SUB-COMMITTEES

The committee shall have power to appoint and dismiss such sub-committees and the members thereof as it may decide from time to time and shall determine their powers and terms of reference.

6. PROCEDURE AT MEETINGS

6.1 Voting

6.1.1 No committee member shall vote or take part in any meeting if that member has an interest in the matters to be discussed without having first declared that interest to the Chairman who shall determine the extent to which, if any, the committee member shall take part in the meeting.

6.1.2 All questions arising at any meeting, excepting those affecting alterations to the Constitution, shall be decided by a majority of members present and voting at such a meeting.

6.1.3 No member shall exercise more than one vote except that in the case of an equality of votes the Chairman shall have a second or casting vote.

6.2 Minutes

The appropriate Secretary shall keep minutes and a record of the proceedings of all meetings.

7. RESIGNATION OR RETIREMENT FROM COMMITTEE Any member of the committee shall vacate his or her office if:

7.1 He or she gives notice of his or her intention to resign and his or her resignation is accepted.

7.2 He or she fails to attend three consecutive meetings of the committee unless the failure to attend is due to some reason approved by the committee.

8. GENERAL MEETINGS

8.1 Not less than fourteen days' notice shall be given to members.

This shall be accomplished by a note in a stamped self-addressed envelope in cases where these have been provided to the Secretary by the interested members.

However, where that contingency is not provided, notice of the meeting shall be communicated by such notices, telephone calls and other measures as the committee sees fit.

8.2 No general meeting called by the processes as indicated in 8.1 shall be invalidated by the non-attendance of members where every effort, in good faith, was made to notify members in accordance with 8.1.

8.3 General meetings shall receive such reports and deal with such matters as the agenda for the meeting determines.

8.4 A general meeting shall dismiss any or all of the committee members as it chooses on the basis of a vote carried by two-thirds of the members present and voting.

8.5 The committee shall amend the Constitution and such amendment shall come into effect, and be ratified by any general meeting upon the basis of a two-thirds majority of those members present and voting.

9. FINANCE

9.1 All money raised by and on behalf of the Action Group shall be applied in furtherance of the objects of the Action Group.

9.2 The Treasurer shall keep proper financial accounts and shall keep the committee informed as to the position and shall report the financial position to any general meeting.

9.3 Where the committee deems it appropriate to do so, or when directed to do so by any general meeting, an account in the name of the Group shall be opened at such bank as the committee shall approve.

9.4 Where an account has been established, any cheques shall be signed by the Treasurer and/or other officers as decided by the committee. To enable petty expenses to be paid, an advance shall be made to the Treasurer when necessary.

10. COMMITTEE MEMBER LIABILITIES

Members of the committee shall not be personally liable whether financially or otherwise except for the consequences of their own wilful default.

11. DISSOLUTION

11.1 The Group shall be dissolved when any general meeting decides by a two-thirds majority of those members present and voting pass such a motion. In any event the Group shall be dissolved at any time after the committee decide that the threat to the Site no longer exists.

11.2 Any funds which remain after all debts have been resolved, when the decision to dissolve is taken, shall be passed as a charitable donation to the charitable organisation(s) identified by the meeting.

 

The Open Spaces Society is unable to accept liability for any misinterpretation of the law or any other error or omission in the advice in this paper.