The
applicant, Mrs Cartmell, is challenging the Inspector's
conclusions and recommendations, as a matter of law,
and urges Councillors not to reject the application.
In a statement issued yesterday, Save
Radley Lakes puts the case as follows:
"Council
officers, in line with the recommendation of the Town
Green Inspector, Vivian Chapman QC, are advising that
the Committee reject this application. However, the
Inspector's Report makes it clear that the land has
been used for lawful sports and past times for the
relevant 20 year period. The issues of controversy
that the Inspector has raised apply equally to the
Oxford Trap
Grounds, which was awarded Town Green status.
Indeed the case for the Radley Lakes being a Town
Green is, if anything, even stronger. Councillors
can, and should, take a view that is different from
the Inspector, and such a view would be reasonable
in law.
If Councillors
being asked to make this decision haven't walked over
the land themselves, then we are saying that they
should defer a decision until they have done so. They
should also visit the Trap Grounds and make the appropriate
comparisons.
They should
also defer a decision if, despite our representations,
any of them are uncertain of their ability to differ
from the recommendations of the Inspector. They may
also wish to take the opportunity to seek a second
legal opinion on the disputed point(s) of law.
We are bound
to want to seek permission to bring an application
for judicial review, if Oxfordshire do decide to reject
the application. Save Radley Lakes is of the opinion
that the lakes are properly registrable and will be
challenging any decision by the Committee accordingly.
Supporters
of the Lakes are urged to make every effort to attend
this meeting and to take the opportunity to make their
views known to Councillors beforehand."
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