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Azerley Parish Council has persuaded North Yorkshire County Council correctly to record Bogs and Hodgson Top, at Winksley, five miles west of Ripon, as a village green rather than a common. The land lies to the north of the road from Winksley village to Winksley Bridge, between the River Laver and the road.
The land at Bogs and Hodgson Top will now be correctly recorded as a village green. Photo: Azerley Parish Council
In 1969, when commons and greens were first registered under the Commons Registration Act 1965, this just-over-an-acre open and unenclosed riverside site was recorded as a common, there being no objection. Once the closing date for registration had passed, it was not possible to change the register.
In 2014 the registers reopened in North Yorkshire, allowing for the correction of errors. Azerley Parish Council had evidence from long-standing residents of Winksley that the riverside land had always been used for informal recreation by local people, and it had been maintained by villagers as a community facility. The activities included dog walking, ball games, fishing, swimming, May day and other bank holiday events, and an annual bonfire.
The parish council applied to the county council to amend the register, and this was approved[1]. Registration as a village green ensures that local people have rights of recreation here, and that the land is safe in perpetuity.
Thanks to the parish council, the land will be safe for generations to come. Photo: Google Street View
Says Hugh Craddock, one of our case officers: ‘This is a triumph for Azerley Parish Council, because we believe it has made the first successful application, anywhere in the country, to get common land transferred to the greens register[2], and formally recognised as a village green. And its great news for the community, because having the land registered as a green strengthens its protection still further against potential threats, such as encroachments and mobile-phone masts. The amended registration also confers on the community a right in perpetuity to use the green for lawful sports and pastimes.’
Hugh continued: ‘Applications such as this, to change a registration from common to green, are not straightforward, and we commend the parish council on its initiative and its thorough research. We hope that other parish councils in North Yorkshire will take notice and consider whether there are other commons whose protection can be strengthened in this way. The society stands ready to help if needed.’
[1] The application was made under paragraph 5 of Schedule 2 to the Commons Act 2006, which enables a common to be transferred to the register of greens where it can be shown that the land was a town or village green immediately prior to the original registration (in this case, on 12 March 1969)
[2] ie on an application under paragraph 5