Access Report

How does West Dene local community safeguard and protect, in

law, the land previously known as Redhill Playing Fields?
A Report on Legal Options for West Dene Community to
Protect Redhill Playing Fields

Written and Researched by the students of StreetLaw Brighton 2015-16

Summary
West Dene community (Brighton) sought help to protect their local park from further
development, and Sussex Law School students offered to assist seeing what legal
options are available to protect Redhill Playing Fields. The community were
concerned with:
Protecting the land from further development;
Keeping the name of the park as Redhill Playing Fields, and not Gatton Park
as intimated by the developer Bellway Homes;
The upkeep of the park once the land had been transferred back to Brighton
and Hove City Council.
After an academic year of research, the students found a number of suitable
recommendations, notably:
Ensure Redhill Playing Fields are set as a Local Designated Green Space
through both or a combination of Local Planning and Neighbourhood
Planning;
Register the land as an Asset of Community Value;
Applying to Brighton and Hove Council to name the park Redhill Playing
Fields;
Set up a Rubbish Collection Volunteering Scheme between the community
and through Sussex Law students to ensure the park is looked after and
maintained.
This is a report on the recommendations made, and a step-by-step guide as to how
the community can put these suggestions into action.

Contents
Summary

Contents

StreetLaw

Disclaimer

Background

Protecting Redhill Playing Fields Recommendations

1. Local Green Space Designation

a. Local Plan

b. Neighbourhood Plan

i.

Neighbourhood Area and Forum

ii.

Neighbourhood Development Plan

2. Asset of Community Value

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3. Name the Land

10

4. Rubbish Collection Volunteering

12

5. Other Options

12

i.

Environmental Considerations

12

ii.

Community Land Trusts

12

iii.

Community Bills of Rights

13

Next Steps

14

Thank You

14

Links

15

Researchers, Writers and Contributors

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StreetLaw
StreetLaws bring students in contact with not just doctrinal and desk-based legal
research, but practical and community-based concerns relating to law and everyday
life. StreetLaw is a law-in-action based project that is in place throughout universities
in not just the UK, but the US and beyond, with the aim of getting students involved
in research on a specific legal issue concerning a given community.
With a StreetLaw, there are a set of research questions around a legal issue which
have been provided for by a given community, and the students task is then to go
away and collate information on the issue, write up the research in report form and
present to the community at the end of the project.

Disclaimer
Any advice and information suggested is to be taken with a disclaimer that the students of
Sussex Law School are currently in full-time legal education and cannot be held liable for
any action taken following recommendations or advice they offer. All of their work has been
given in their spare time to assist West Dene community with the protection of Redhill
Playing Fields. The students and staff will be as available as possible to help assist the
community with the implementation of these suggestions.

Background
West Dene community (Brighton) sought help to protect their local park from further
development, and Sussex Law School students offered to assist seeing what legal
options are available to protect Redhill Playing Fields. The community were
concerned with:
Protecting the land from further development;
Keeping the name of the park as Redhill Playing Fields, and not Gatton Park
as intimated by the developer Bellway Homes;
The upkeep of the park once the land had been transferred back to Brighton
and Hove City Council.
The students began with a set of research questions prompted by West Dene
community, around the legal issue of protecting the land from further development.
The students task was then to research and collate information, write up the
research in report form and present to the community at the end of the project. This
document is the report. The main research question after our first meeting with
Vicky Cohen, Thursday 15 October 2015, was:
How does West Dene local community safeguard and protect, in law, the land
previously known as Redhill Playing Fields?
The students went away in four groups and researched separately around the
options of legally protecting the land from future development, how to name the land,
and whether there were any environmental and conservation concerns.
After an academic year of research, the students found some suitable
recommendations, notably:

Ensure Redhill Playing Fields are set as a Local Designated Green Space
through both or a combination of Local Planning and Neighbourhood Planning
by:
o Local Planning - Inclusion as a Local Designated Green Space under
Brighton and Hove City Plan Part 2 2018;
o Neighbourhood Planning - Creating a Neighbourhood Area and a
Neighbourhood Forum to apply for a Local Green Space Designation to
the Council.
Register the land as an Asset of Community Value.
Applying to Brighton and Hove Council to name the park Redhill Playing
Fields.
Set up a Rubbish Collection Volunteering Scheme between the community
and through Sussex Law students to ensure the park is looked after and
maintained.
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Protecting Redhill Playing Fields Recommendations

1. Local Green Space Designation
Local Green Space Designation Orders have been discovered by the students as
a legally viable way for West Dene community to protect the local land that they feel
connected to. Because the land is not owned by the community (recently being
transferred from Bellway Homes to Brighton and Hove City Council1), they need to
find ways they can have their say about Redhill Playing Fields despite holding no
property in the land. Below is a map of the land, unnamed on the register as the
Land lying north of Redhill Drive.

Firstly, what is a Local Green Space Designation? It is a way to provide special

protection against development for green areas of importance to local communities.
Title ESX353694, Land Lying North of Redhill Drive. This is a copy of the title plan on 18
APR 2016 at 14:02:04. This copy does not take account of any application made after that
time even if still pending in the Land Registry when this copy was issued (p7).
1

Local Green Spaces may be designated where those spaces are demonstrably
special to the local community. The green area would need to meet the criteria set
out in English and Welsh planning law2. The management of the land designated as
Local Green Space would remain the responsibility of its owner but local
communities can work with the landowner to get involved in its upkeep (such as
through volunteer schemes suggested in under recommendation 4).
So how can Redhill Playing Fields be designated as a Local Green Space? There
are two routes, the first making sure the land is protected as a Local Green Space
under the next Local Plan, Brighton and Hove City Plan Part 2 2018, and the
second through setting up a Neighbourhood Plan and Neighbourhood Forum
under the Localism Act 2011.
The first route is the quickest and least complicated. The second option may be
useful for the community to undertake, where creating a neighbourhood plan and
establishing a community forum gives West Dene official status making it easier to
advocate for themselves in the future, such as giving them more voice on the naming
of the land. Nevertheless, this is a lengthy process and only recommended if the
community wishes to represent themselves in more official way anyway.
Local Plan
In 2017/18 there will be a second round of Brighton and Hoves Local Plan (City Plan
Part 2 following City Plan Part 1) 3. This gives West Dene community a unique
opportunity to apply directly to the Council for a designated Green Space via the
Local Plan route in time for the new plans to be put in place.
This way would avoid the long route of setting up a Neighbourhood Forum and Area
to designate the land as green space (as listed in the next section), and directly
request what the community want to be included in the new plan for the city as it is
drawn up.
The way to do this is to:

follow what is happening on the website to ensure the community are taking
part in the consultation process and are up-to-date with deadlines etc.;
Draw up a petition reflecting the community wishes to designate Redhill
Playing Fields as a Local Green Space;

Under National Planning Policy Framework (NPPF), paragraph 77, a Local Green Space
Designation can be made where the green space is in reasonably close proximity to the
community it serves; where the green area is demonstrably special to a local community and
holds a particular local significance, for example because of its beauty, historic significance,
recreational value (including as a playing held), tranquillity or richness of its wildlife; and
where the green area concerned is local in character and is not an extensive tract of land.
2

See https://www.brighton-hove.gov.uk/content/planning/planning-policy/city-plan-part-two.
7

Email planningpolicy@brightonandhove.gov.co.uk to let them know

individually and collectively West Dene want to be part of the consultation
process;
Enlist the help of StreetLaw Brighton to assist with reminders and the
organisation of this.

Neighbourhood Plan
Under the Localism Act 2011, there are some steps that West Dene must follow, to
designate land as a Local Green Space, namely locating a Neighbourhood Area
and setting up a Neighbourhood Forum.
a) Neighbourhood Area and Forum

For a community to designate a piece of land as a green space under

Neighbourhood Planning, it must first get Neighbourhood Area status, and it must
set up a Neighbourhood Forum.
Under English and Welsh law4, communities can apply for their locality to be
designated as a Neighbourhood Area which is a way for local groups to take a lead
on planning the future of their locality. Only certain bodies can do this such as a
Parish Council or a Neighbourhood Forum, which must be comprised of people from
within the respective area (in this case West Dene)5. A neighbourhood may wish to
apply for both Neighbourhood Area and Neighbourhood Forum status at the same
time.
To become a Neighbourhood Forum a community must apply to the council. The
organisation must be established for the express purpose of promoting or improving
the social, economic and environmental wellbeing of an area that consists of or
includes the neighbourhood area concerned. The forum must:

include a minimum of 21 individuals each of whom either live in the

Neighbourhood Area concerned, work there or is an elected member of a
county council, district councillor;
have a written constitution.6

All of this can be completed via a form to be found on the Brighton and Hove City
Council website, here or the link provided in the Links section at the end of the
document.
4

Localism Act 2011, Schedule 9, 61G; 61(1).

Localism Act 2011, Schedule 9, 61E(6).

An application must include name of the proposed forum; copy of the written constitution of
the proposed forum; name of the Neighbourhood area to which the application relates and a
map which identifies the area; contact details of at least one member of the proposed forum to
be made public; statement which explains how the proposed neighbourhood forum meets the
conditions out under section 61F(5) Schedule 9 of the Town and Country Planning 1990 Act.
6

For further assistance and additional information, contact the Brighton and Hove
council directly by email at neighbourhoodplanning@brighton-hove.gov.uk or
call 01273 292 505.
Members of StreetLaw Brighton can help with the community with this process.
b) Neighbourhood Development Plan

Once an Area and Forum have been created the community can focus on preparing
a Neighbourhood Development Plan which would include plans for their
Designated Green Space. Unfortunately, there is no separate application for
Designated Green Spaces and only this route in neighbourhood planning.
Drawing up a Neighbourhood Development Plan can show the clear intentions of the
local community and help influence organisations and local decision-makers. The
neighbourhood plan is to guide the decisions of the council when they are
considering planning applications in the Neighbourhood Area.
What needs to be included in a neighbourhood plan?

Any development and land use plans which require the submission of a
planning application (such as a Local Green Space Designation);
How the local community wants to see the area develop.7

Before submitting a plan proposal to the local planning authority, the neighbourhood
forum must:
Publicise the plan to the attention of people who live, work or carry on
business in the neighbourhood area;
Consult any consultation body8 whose interests may be affected by the
proposals for a neighbourhood development plan;
Send a copy of the proposals for a neighbourhood development plan to the
local planning authority.9

It is quite clear in the NPPF that any plan cannot be about council service delivery, or go
against or control national permitted development rights or conflict with strategic planning
policies.
7

See NPPF 77.

Plan proposal to the local planning authority, it must include - a map or statement which
identifies the area to which the proposed neighbourhood development plan relates; a
consultation statement; the proposed neighbourhood development plan; and a statement
explaining how the proposed neighbourhood development plan meets the requirements of the
relevant law (Town and Country Planning Act 1990, Schedule 4B, paragraph 8),
http://www.legislation.gov.uk/ukpga/2011/20/schedule/9/enacted.
9

Within this plan would be included the designation of Redhill Playing Fields as a
Local Green Space. For more details of the whole process, see this link.
StreetLaw Brighton would be there to help through this process.

2. Asset of Community Value

Land designated as Local Green Space may potentially also be nominated for listing
by the local authority as an Asset of Community Value. Listing gives community
interest groups an opportunity to bid for the asset if the owner wants to sell the
land10.
Community assets can be nominated by parish councils or groups with a connection
to the local community (not necessarily a Neighbourhood Forum, but a forum would
be useful here). If the nomination is accepted, local groups can put forward a bid for
the asset when it is sold.
More information can be found here, and StreetLaw Brighton would be able to assist
with nominations if the issue may arise within the projects lifetime.

3. Name the Land

It became clear from the research undertaken by the students that the name of the
park is very important to the community of West Dene. To ensure Redhill Playing
Fields retains its locally known name, but it must first have a Neighbourhood Forum
to make a naming application with (see recommendation 1).
Within the naming application, the form that can be found here these additional
documents should be included:

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Consensus agreement from surveys conducted by StreetLaw students as to

the agreed upon name;
Land Registry document indicating the legal owner of the land and the
description of the land;
Map print outs lining the area with a thick black line;
Land survey or site plan (if applicable);
Letter of expression indicating the reasons why the community wants the park
to be named and highlighting the importance of doing so to promote a sense
of community and connection to the land surrounding the residents of the area
(may also wish to include disdain towards the Gatton Park name and point
out that the name is already in use elsewhere);

Localism Act 2011, 5(3).

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Print outs of statutory obligation of Councils responsibility to name the park11;

Evidence indicating that the name submitted by Bellway Homes (the previous
owners of the land) was not accepted since it was not shown on title nor print
outs of the online petitions reflecting the communitys desires.

Additional suggestions include starting an online petition page for members of the
community to confirm their interest and support of the move to officially rename the
park and where the community can easily and quickly vote on name suggestions.
Here are some step-by-step instructions how to fill out the Street Naming and
Numbering form:
1. The community members the group should itself submit the naming application under the
name of the lead committee member of the Neighbourhood Forum
2. An email account should be set up on behalf of the Forum and listed on the application as
the contact email address
3. The purpose of registration should be listed as other and described as official naming
application for park in the Glen Rise, Millcroft Road, and Red Hill Drive vicinity
4. The current address can be listed as follows: the park/green space located in and around
Glen Rise, Millcroft Road, and Redhill Drive area in Brighton & Hove, East Sussex. The park
is often referred to as Gatton Park and accessible off of Gatton Park Lane. According to the
Land Registry the area is nameless and the address is described as Land lying to the north
of Redhill Drive, Brighton
5. The proposed name entered on the application sheet should be the name agreed upon by
the community members (e.g. Redhill Playing Fields)
6. Under planning permission tick the no box as there has been no change to planning
permission
7. The owner of the application site is Brighton & Hove City Council
8. Sign the application/declaration
9. Mail the application with the additional documents to:
Street Naming and Numbering
ICT Fourth Floor
Kings House
Grand Avenue, Hove BN3 2LS
10. Follow-up bi-weekly via telephone 01273 292616 or email snn@brighton-hove.gov.uk

StreetLaw Brighton will be available to guide the community through any naming
application.

The principal pieces of legislation granting this duty to the Council are Section 17 to 19 of
the Public Health Act 1925 and Section 64 and 65 of the Towns Improvement Clauses Act
1847.
11

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4. Rubbish Collection Volunteering Scheme

A way of looking after the land and making sure there is not too much rubbish, etc.,
would be to set up a Rubbish Collection Volunteering Scheme, between the
residents and/or with the help of StreetLaw Brighton.
StreetLaw Brighton would be happy to assist the community with organising or
providing volunteers for a rubbish collection scheme.

5. Other Options
Environmental Considerations
Students discovered that Redhill Playing Fields has been designated as an Open
Space Area since March 201612, and that potentially requesting the park as a
Natural Improvement Area (as many of the surrounding parks are designated as13)
during the next round of the Local Plan, would give the community further security of
protection of the land.
Given the slow worm population and other animals inhabiting the park, protection as
a Local Nature Reserve14 may also be plausible, as well as EU directives relating to
protecting local endangered species and habitats15.
StreetLaw Brighton would be happy to assist in following up these ways of protecting
West Denes local environment.

Community Land Trusts

Community Land Trusts are a form of not-for-profit community led assetmanagement (mainly housing) run by local organisations (such as a Neighbourhood
Forum) for the express purpose of furthering the social, economic and environmental
interests of the local community16. This is something the community might wish to
See http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/West%20with%20Central%20Area%20March%202016_0.pdf
12

13

See http://www.brighton-hove.gov.uk/sites/brighton-

hove.gov.uk/files/FINAL%20version%20cityplan%20March%202016compreswith%20forwa
rd.pdf.
National Parks and Access to the Countryside Act 1949.
15 Directive 92/42/EEC on the conservation of natural habitats and of wild fauna and flora.
14

The legal definition is set out in Section 79 of the Housing and Regeneration Act 2008: A
CLT is a corporate body which, 1. Is established for the express purpose of furthering the
social, economic and environmental interests of a local community by acquiring and
managing land and other assets in order: to provide a benefit to the local community; to
ensure that the assets are not sold or developed except in a manner which the trust's members
16

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consider at a later stage, after the setting up of a Neighbourhood Area and Forum,
Designated Green Space and naming of the park.
StreetLaw Brighton would be available to guide the community through this process
should they wish to consider community land trusts as a way of protecting the park.

Community Bills of Rights

Community Bills of Rights can be used by local communities to reflect the values and
assets of a group in social, economic, environmental, cultural and political terms.
These are similar to a constitution (such as would be needed for a Neighbourhood
Forum) and would give West Dene a potentially legally binding document they could
use to protect their wishes in the face of further development proposals to the park
that were not desired by the community.
StreetLaw Brighton would be happy to help drafting this document should West
Dene community like us to.

think benefits the local community. 2. Is established under arrangements which are expressly
designed to ensure that: - any profits from its activities will be used to benefit the local
community (otherwise than by being paid directly to members); - individuals who live or
work in the specified area have the opportunity to become members of the trust (whether or
not others can also become members); - the members of a trust control it.
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Next Steps
After you have had a chance as a community to look through these suggestions,
StreetLaw Brighton would like to assist you with any of the recommendations, and
would like to arrange an afternoon one Friday in March 2017 with you to discuss
what you would like to be done to protect Redhill Playing Fields from further
development.
We hope this information has been useful to you and look forward to hearing from
you very soon.

Thank You

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Links
City Plan Part 2 https://www.brighton-hove.gov.uk/content/planning/planning-policy/city-plan-part-two
Neighbourhood Forum Application http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/FINAL%20Neighbourhood%20Forum%20Application%20Form%20v3%20
Dec%202013.pdf
Neighbourhood Planning Informal Advice Summary note: Neighbourhood Plans and
Getting Started (May 2012) http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/Neighbourhood_Plan_Quick_Ref_note5.pdf
Brighton and Hove Neighbourhood Development Plans http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/Neighbourhood%20Development%20Plan%20Key%20Steps.pdf
Brighton and Hove Neighbourhood Development Plans Timetable http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/Neighbourhood%20Plan%20Indictv%20Timetable%20Flow%20Chrt%20v1
.pdf
Brighton and Hove Preparation of Neighbourhood Development Plans http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/Preparation_of_Neighbourhood_Development_Plans%20note%204.pdf
Assets of Community Value http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06366
Street Naming and Numbering https://www.brighton-hove.gov.uk/content/a-z/a-z-pages/street-naming-numbering
Open Space Areas Brighton and Hove http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/West%20with%20Central%20Area%20March%202016_0.pdf
Natural Improvement Areas http://www.brighton-hove.gov.uk/sites/brightonhove.gov.uk/files/FINAL%20version%20cityplan%20March%202016compreswith%20forwar
d.pdf

15

National Planning Policy Framework (NPPF) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950

.pdf
National Planning Policy Practice Guidelines on Neighbourhood Planning https://www.gov.uk/guidance/neighbourhood-planning--2
Localism Act 2011
http://www.legislation.gov.uk/ukpga/2011/20/schedule/9

Researchers, Writers and Contributors

Writers
Community Forum and Designated Green Space - Francesca Santoro, Iris Kyriazi
Name - Anastasia Tsolaki, Brittany April Collura Stewart
Environment - Georgia Croucher, Roberta Gandolfi
Researchers
Protection & Parties - Ketan Zha, Fatima Ajmadz, Hanan Zakher
Planning - Cindy Zapata, Katherine Ann Guinto Fermo, Theonymfi Marianna Makrygiannaki
Name - Anastasia Tsolaki, Rachel Sanguinetti, Roberta Gandolfi
Environmental - Georgia Croucher, Hugo Wolfe, Francesca Santoro
Contributors
Donald McGillivray, Verona N Drisceoil, Bonnie Holligan, Helena Howe, Raja Khan, Lorenzo
Ricci, Zeyad Zuhair Ishaq Sulaiman Abushousha
Editing
Lucy Finchett-Maddock

StreetLaw Brighton 2017

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