An application to designate five hectares of land at West Looe as common land has been successful.
The planning inspectorate granted the application on the land at West Looe Downs brought by Tomas Hill, local consultant with the Open Spaces Society, after a hearing in June which attracted objections from the public.
Open Spaces Society is Britain’s oldest national conservation body campaigning to protect common land, village greens, open spaces and public paths.
Looe Urban District Council initially applied for registration of the common land in 1968, but the applications was withdrawn, and the registration cancelled.
Part 1 of the Commons Act 2006 reopened the opportunity to rescue lost commons which were excluded from registration in those circumstances.
Frances Kerner, the Open Spaces Society’s commons re-registration officer said: “We are delighted that this commons has been registered and that in due course the public will have the right to walk here.
“West Looe Downs is an example of provisional registrations of common land, made under the Commons Registration Act 1965, being cancelled without full consideration given at the time to the merits of the application.
“While we recognise that West Looe Downs is in the care of the West Looe Town Trust, we are pleased that it now has the protection of the Commons Act 2006.”
West Looe Downs has been owned and managed by West Looe Town Trust (WLTT) since 1874 as amenity land for the benefit of the local community who have free access to the open space of the Downs, including grassland, wooded areas and a basic football pitch
In an open letter to residents in April, the Trust asks for their support stating: “The Trustees are of the opinion that registration of West Looe Downs as ‘common land’ under the Commons Act 2006 would add no benefit to residents beyond what is already freely available and could in fact hinder the Trust in delivery of its charitable objectives regarding the Downs.
“As a result, the Trust, through its legal advisors, have objected to this application for registration as Common Land based on a series of technical criteria and statutory incompatibility between the Commons Act and WLTT’s charitable objectives.”
Trustees of the Trust said at the time of the hearing in June said: “The Trustees would like to thank everyone who supported them, both at the hearing and in sending in letters of support for West Looe Town Trust.
“The Trustees were overwhelmed with these gestures and would like to thank all and everyone of you who supported their objection to the registration of The Downs as common land.
“The Community Spirit was fantastic.”
The Trust was not available for comment on the application outcome.