It's time to check out the Act
The significance of the Commons Act 2006 with respect to Oswestry railway land seems to have been lost on certain Oswestry councillors, or perhaps they don't wish to explain it properly to anybody.
The significance of the Commons Act 2006 with respect to Oswestry railway land seems to have been lost on certain Oswestry councillors, or perhaps they don't wish to explain it properly to anybody.
A number of Oswestry councillors, despite all their legal advisors, have not grasped the situation and have called for a business plan.
Neither I nor any green group have any petition, there is no objection in place, we are not actively campaigning and have no new business plan for the railway land.
What does apply is the law of the land. The Commons Law 2006 entitles anybody in Oswestry, anybody or any organisation in the country, within the next two years, (five years from June 2004, the date of cessation of use as of right of the land), to claim Oswestry railway land on behalf of the 20 year users of the land as a town green.
That right to claim is there through entitlement by law through the 20 year proven use of the land by local people, accepted as proven at inquiry in October 2005 by the inspector, Mr Chapman.
So this means that not only can individuals claim Oswestry railway land, but anyone or any organisation in the country can claim it, as a town green on behalf of the users of the land who used it for 20 years. So Oswestry railway land is not safe for the owners or developers to build on for the remaining period of entitlement to claim, that is the next two years.
The council needs to read the Commons Act 2006.
June McCarthy, Oswestry




