“Off-plan” Sale: Courtmead Road Cuckfield Play Meadow

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1.         PLANNING AND PLANNING LITIGATION 

1.1       Planning applications relating to Land Registry titles WSX288012 and WSX362585 (together “The Play Meadow”) have been the subject of four challenges by way of judicial review brought by Mrs Felicity Irving, Newbury, Courtmead Road, Cuckfield seeking to preserve the Play Meadow for use for open air recreation by local residents:

 

•       R(oao Irving) v Mid Sussex District Council (2015) – claim no.CO/361/2015: planning                              permission quashed by consent.

•       R(oao Irving) v Mid Sussex District Council [2016] EWHC 1529 (Admin): planning permission                    quashed by Mr Justice Gilbart.

•       R(oao Irving) v Mid Sussex District Council [2017] EWHC 1818 (Admin): unsuccessful.

•       R(oao Irving) v Mid Sussex District Council [2019] EWHC 3406 (Admin): planning permission                    quashed by Mrs Justice Lang.

 

1.2       By virtue of regulation 9 Town and Country Planning General Regulations 1992 and regulation 1(3) Town and Country Planning General (Amendment) (England) Regulations 2018, no successor-in-title to Mid Sussex District Council (MSDC) of The Play Meadow can rely on outline planning permission 13/03476/OUT and reserved matters permission DM/15/2248.

 

2.         PUBLIC FOOTPATH APPLICATION

2.1       On 6 December 2018, an application was made to West Sussex County Council (WSCC) as surveying authority under s.53(2) Wildlife and Countryside Act 1981 for a Definitive Map Modification Order (DMMO) to add a public footpath to the Definitive Map and Statement of public rights of way maintained by WSCC.  The claimed public footpath, the subject of the application, runs through The Play Meadow, broadly from north to south.

 

2.2       As to that application:

 

• The application is based on documentary and user evidence supporting an inference of dedication of a public footpath at common law: i.e., that the public footpath has already come into existence.

• The substance of the application could equally be determined in declaratory proceedings before the High Court or a county court.

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3.         POTENTIAL RIGHTS OF LIGHT CLAIM

3.1       MSDC is on notice of a potential claim for infringement of rights of light benefitting title WSX126491 if it sought to construct a dwellinghouse pursuant to outline planning permission 13/03476/OUT and reserved matters permission DM/15/2248.

 

For further information, please contact Felicity Irving: flis@rookery6.co.uk or 07584 436389