A Supreme Court ruling on village greens could be "disastrous"
for golf courses the length and breadth of the country, a Midlands
expert has warned.
Michael Orlik, a consultant in the commercial property
department at Stratford upon Avon law firm Lodders, said the
decision of the Court could cause major problems to clubs
His comments follow a case in the North-east involving Redcar
and Cleveland Borough Council and Persimmon Homes, which had wanted
to build on part of Coatham Common in Redcar. Until 2002 the land
had been used as part of the Cleveland Golf Club.
The court overturned a series of rulings and backed a campaign
to save the undeveloped oasis on industrial Teesside as a village
green in a move which has implications for similar conservation
battles across the country.
The key finding by five Justices of the Supreme Court upheld the
claim of local people to have used the land for "sports and
pastimes" for at least 20 years, their central argument against a
proposed £55 million housing-led development.
In so doing it rejected assertions that the public had
recognised that they had no right to be on the course because they
had not crossed the fairways or greens while play had been in
progress. Their courtesy in giving way to the golfers did not mean
that they were not enjoying the use of the land as of right.
Ruling against the Council, the court decided that, because all
users including the golfers had respected each other, everybody
could enjoy the land simultaneously and the parties could
co-exist.
"This is a very difficult decision for golf clubs," said Mr
Orlik.
"Any golf course with footpaths crossing it or which even lets
locals pick blackberries from hedgerows, picnic or kick a ball
about could now be open to a similar action.
"And to say you can have a village green and a golf course at
the same time is totally impracticable. People would be perfectly
entitled to play all sorts of other games or just rest on the
fairways while members are trying to play shots.
"This is not the first time the highest Court in the land has
come down in favour of village greens - it is a dangerous
precedent."
The lesson for golf clubs is that they must make it absolutely
clear that the land is private and that if there are public
footpaths across the course, as is often the case, the Club must
erect explicit notices on the course advising members of the public
that they have no right to leave the paths.
And, said Mr Orlik, there was also a message to builders who
frequently held land banks unused for lengthy periods until they
could obtain planning permission for development.
"Developers should take great care over vacant land and not let
people wander over it at will."
He claimed the court was being far too idealistic about village
green status.
"The traditional centuries old green in the centre of the
village is of enormous value. Parliament, in changing the law
relatively recently to allow village green status to be established
after twenty years recreational use, has sterilised areas of open
land nowhere near village centres over which landowners have been
unwise enough to allow members of the public to walk and
picnic.