Councillors recommended to approve village green recognition

The application was lodge by Robert McLintock of Lower Bank Farm, Hyssington in March 2021, and will be discussed at a Powys County Council planning meeting on Thursday, August 18.

The site proposed for the village green is a small patch of land, 0.03 hectares in size, which is opposite the Methodist Chapel and old Post Office in Hyssington.

The site includes a village notice board, public telephone box, bench and horse well.

To succeed, applicants need to prove that the land has been used “as of right” by residents and that it has been used for 20 years for “lawful sports and pastimes.”

Mr McLintock said that this had been the case for more than 50 years.

Mr McLintock said: “This use continues at the time of application done to ensure such a pattern will continue for the benefit of local residents.”

Evidence from villagers which supports the application goes back to the 1940s.

Dr Simon Curran said: “In the 35 years I have lived in Hyssington I have been a frequent visitor to the village green.

“It is the epicentre of the village with a listed telephone box and much used memorial bench.

“It is a place of peace and contemplation and to meet neighbours they go about their business.”

Shirley Jones recalled that she had “pushed” for the green to be tidied up back in the 1960s and 1970s.

“I’ve used the green for events at the chapel and my children have played there said Mrs Jones.

Adrianne Jones added that she had been involved in “tidy ups” at the green and that Christmas carol singing had taken place there.

“As a child I played tick-tac there and looked for tadpoles in the horse well and stream,” said Ms Jones.

The report by the council’s head of highways, transport and recycling, Matt Perry does say that there had been an unsuccessful application made back in 2011.

He also suggest that use “as of right” has a particular legal meaning and that use of the site has been made openly, without force, secrecy or needing permission.

Mr Perry said: “It is suggested from the user witness statements that the land has been in use throughout the relevant period of 20 years and indeed continues to be used.

“What matters is that the number of people using the land in question has to be sufficient to indicate that their use of the land signifies that it is in general use by the local community for informal recreation, rather than occasional use by individuals as trespassers.”

He recommends that councillors approve the application.