An inspector has allowed an application under s.16 of the Commons Act 2006 by Ealing London Borough Council (“the Council”) to deregister common land on which the Council constructed a public cycle hub in 2012 (PINS ref. COM3154071). He concluded that deregistration would not have an adverse impact on public access, landscape or nature conservation and that the cycle hub was a well-used facility allowing bicycles to be parked in an orderly manner that benefitted the appearance of Haven Green and the surrounding area.
While no replacement land was offered, the inspector concluded that this was justified by the public interest and that, in accordance with Defra policy, there were “exceptional circumstances”:
“deregistration of the land would prevent a return to haphazard cycle parking in an around Haven Green, would allow the cycle hub to remain and to continue to deliver wider benefits to the neighbourhood and to the public in terms of an improvement in air quality and a reduction on the reliance of sections of the public on motorised transport, both of which accords with other aspects of public policy which seeks to encourage a shift towards sustainable and integrated transport.”
The inspector however did not consider that the cycle hub or two CCTV poles fell within the terms of Art.7 of the Ministry of Housing and Local Government Provision Order Confirmation (Greater London Parks and Open Spaces) Act 1967, and refused the Council’s alternative application (PINS ref. COM3161430) that consent be granted to retain the structures, without the need for deregistration.
The applications were brought in the context of stayed proceedings against the Council under s.41 of the Commons Act 2006.
Ned Westaway acted for Ealing London Borough Council
Charles Streeten acted for Friends of Haven Green in the separate s.41 proceedings, but not at the inquiry into the applications