Hawkhurst Moor, Kent, protected for ever 

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Hawkhurst Moor, Kent, protected for ever 

We have welcomed the restoration of Hawkhurst Moor to the register of town or village greens which will confer lasting protection.  Hawkhurst is 19 kilometres south-east of Tunbridge Wells.

Photo: The Moor, Hawkhurst. ©Copyright Peter Wood and licensed for reuse under this Creative Commons Licence.

The Moor was registered by Hawkhurst Parish Council in 1967 without objection as a town or village green.  But Wye College mistakenly claimed ownership, whereas it had been acquired by the parish council.  A hearing by the commons commissioner in 1974 found the college’s claim to be mistaken, and directed the claim to be struck out.  But Kent County Council, as registration authority, misunderstood the commissioner’s direction, and cancelled the entire registration.  And so the land has remained off the register ever since. 

Following discovery of the omission, and with the support of the society, an application was made to Kent County Council by local resident Paul Green to correct the register.[1] The application was referred to the Planning Inspectorate for determination, following an objection from the parish council—which had itself applied to register the green in 1967. 

In his decision dated 20 October 2025, inspector Mark Yates BA (Hons), MIPROW, finds that the land was removed from the register in error.  Responding to the parish council’s objection that restoration of registration would prevent use for community events, the inspector notes that the green originally was registered on the parish council’s application, and says that ‘I do not find…it…shown that the correction of the register in order to rectify an error in this case would be unfair.’[2]

Commenting on the decision, one of our case officers, Hugh Craddock, said: ‘We are delighted that the Moor will be restored to the register as VG34—the entry should never have been deleted.  It is a pity that it has taken so long to rectify an obvious mistake, and regrettable that the parish council which originally applied to register the green, first itself made an application to correct the register, then withdrew it, then opposed a further application made by a local resident.  Now the Moor will again attract permanent protection against encroachment and development.  Who could object to that?’ 

Applicant Paul Green added: ‘This saga started when a resident noticed our village green was not listed on the official register.  This led to extensive historical investigations that discovered an error that needed correcting.  The support of the local community and advice of the Open Spaces Society were crucial in achieving a resounding success.  Current and future generations of Hawkhurst residents will benefit from a fully protected and registered village green.’ 

[1]The application was made under s.19 of the Commons Act 2006, to correct a mistake in the register previously made by a commons registration authority.

[2]On an application under19, s.19(5) requires that: ‘A mistake in a register may not be corrected under this section if the authority considers that, by reason of reliance reasonably placed on the register by any person or for any other reason, it would in all the circumstances be unfair to do so.’

 

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