Wrexham councillors to consider granting Dean Road field ‘town or village green status’

Wrexham Council will this week debate whether a playing field in Rhosnesni should be registered as a ‘town or village green’.

An application to register Dean Road Playing Field was launched in 2020 in a bid to save the land from being used for housing.

Residents who live close to the field argued that it has been used by sports teams and locals for exercise for decades.

However the controversial plans by landowners Wrexham Glyndwr University to build 74 homes on the site were approved on appeal last year.

This week councillors will have the opportunity to consider the application if the land should be registered as a town or village green – days after it was announced another field in Wrexham that was subject to a development application will now be a memorial park for the Queen.

On Wednesday (28 September) the full council will be asked to “accept the recommendations in the inspector’s report and to determine that the application be refused because the applicant has failed to satisfy the statutory criteria contained in section 15 of the Act.”

A report due before councillors states that inspector James Marwick, a barrister with experience of village green registration matters, found that whilst the criteria was met on four factors, it failed on “use of right” and “continuation of use.”

The report explains: “If any user was by permission during the relevant period, it falls to be discounted.

“On the objector’s case this was all use of its part of the land from 2011 onwards due to erection of signs. As use has been by permission since 2011 in its entirety the application must fail.”

It adds: “Not all of the six criteria which would allow the land to be registered as a town or village green are met, as the land is being used ‘by right’ not ‘as of right’.

“The Inspector concludes that user of the Objector’s part of the playing fields has been by permission in its entirety since 2011 and the Application must fail.”

As a result it has been recommended that the application is rejected – with councillors encouraged to back the inspector’s decision.

However it is noted that “The inspector’s recommendations are not binding on the council and the council must consider the inspector’s report and decide whether it agrees with the Inspector’s conclusions on the key issues.”

There is no right of appeal against the Council’s decision but interested parties could change the decision by applying for Judicial Review.

As a result two options are available for councillors to consider, accepting the inspector’s recommendations and refuse the application or to grant the application in full, or in part, and register the land as a town and village green.

Should this happen Wrexham Council would need to provide “full reasons for not accepting the inspector’s recommendation.”

The report will be considered by members of the full council on Wednesday 28 September at 4pm. The meeting will also be webcast on the Wrexham Council website.