Barrington Village Green is an area of around 22 acres and surrounded by over 100 properties. It is managed by a registered Charity Number 205227. The Custodian Trustee is the Parish Council. The Green Charity is responsible for the maintenance of the Village Green, including the trees which have been planted there in recent years. The deep drainage ditches and underground culverts are managed by the Parish Council. Because the land central to the village is the Village Green, the Parish Council leases land from the Green Charity to provide sport and recreation areas: an Under 5s Play area, an Adventure Playground, Football and Cricket pitches. The Green Charity has faced a particular problem, in providing access to the residential and commercial properties which surround the edge of the Village Green.

ACCESS TO THE PROPERTIES AROUND THE GREEN

There are specific laws relating to Village Greens and their protection, in particular to driving a vehicle over them and parking on them. In the 1970s and 80s “permitted roadways” were constructed, carefully planned to preserve the Village Green and to ensure that the Green was not carved by a maze of access ways.

There are two aspects to the Permitted Way Scheme, financial and legal.

With regard to finance, the Parish Council had paid for the maintenance of these “permitted roadways” from the Precept, through Council Tax levied on the whole village. However, changes brought about by the Local Government Accounts and Audit Regulations 1996 resulted in it being no longer possible for the Parish Council to pay for the maintenance of what are unadopted roads; it is not within their power (ultra vires). This caused a review of the Charity Scheme (previous existing Schemes were dated 1912, 1917 and 1994). Advice was sought at all stages from Cambridgeshire ACRE, NALC and CALC and the new Scheme was drafted by the Charity Commissioners.

The Trustee of the Green Charity (the Parish Council) were advised that they had to maximise the assets of The Charity - namely the Permitted Ways - and to have a legal agreement between themselves and residents adjacent to the Green in respect of vehicular access across the Green, known here as a Permitted Way Licence. The Trustee were further informed that they needed to maximise the income of the Charity in order to discharge its responsibilities - namely the maintenance of the grass areas and trees in addition to the roadways, etc. A formal Licence Scheme for residents requiring vehicular access across the Green was incorporated into and became effective on the sealing of the New Charity Commission Scheme (Registration Nº 205 227) dated 1st September 1998.

The legal aspect was more difficult to resolve. The Trustee wished to assist Green residents to have a legal access to their houses and to remain within the law on Village Greens. The Parish Council had introduced an annual Licence system in 1981, by issuing four-year term Licences commensurate with the period of office of a Parish Council. There was no charge on the residents at that time because the roadways were being maintained with funds from Precept. However, the requirement to make a charge specific to the Green residents came forward with the new Charity Commission Scheme.

Residents had been given notice of proposed changes by letter. 86 residents attended the Annual General Meeting of The Green Charity on 31st March 1998 for further clarification and consultation. Subsequently residents were asked to apply for a new Permitted Way Licence and to pay an Annual Fee of £25 during the period 1st September 1998 - 31st August 2002, guaranteed to remain constant for the period of the Agreement. The Trustee had sought advice from the District Valuers Office, which had prepared relevant valuations for the charges in accordance with Charities Regulations 1992. Charity Commission requirements were followed with the New Scheme available for public comment for 30 days, advertised in the Village and in the Cambridge Evening News 28/07/1998. In 2002 the Annual Fee was increased to £30.

In summary, the properties needing vehicular access across the Village Green are required, under a Charity Commission Scheme to apply for a Permitted Way Licence issued by the Trustee. The Trustee has offered new Licences, for the period 1st September 2007 until 31st August 2011, carrying either an Annual Fee of £37, or a four-year term fee of £140, fixed until 2011 and due 1st September each year. These Fees are intended for use towards the maintenance of the “Permitted Ways” (Access Roadways) which serve the properties, and towards the maintenance of the Green. However roadway maintenance costs are higher than the income from the Fees.

The Scheme has been widely accepted by property owners. Solicitors acting on behalf of purchasers, when properties adjacent to the Green have been sold, normally contact the Clerk and all have accepted the Scheme.

Clerk to the Parish Council and to the Trustee:
Margaret Goding, 3 Shepreth Road, Barrington, Cambridge CB22 7SB
Tel: 01223 870786

Managing the Village Green at Barrington
Accounts 2006-2007
Annual Report 2007
Licence Schedule