Water Close Garden - TrustNews Jun 18
As this June issue goes to press, the purchaser of the garden (cover story March TrustNews) has not yet publicly stated their intentions; actions have been taken by concerned people for the garden‘s preservation:
- The Hampshire Gardens Trust nominated the garden to Winchester City Council for listing as an Asset of Community Value under Section 88 of the Localism Act 2011 (ACV status is a material consideration in the planning process). The nomination was rejected because the water garden itself is not used by the public - it is a visual amenity without physical access, which does not meet the requirements of the law (case law was cited in support of this view) - and also because although the garden contributes to the character of the area, that is insufficient to meet the requirements of the Act.
- An application was made to WCC for a Tree Protection Order on the magnolias at the end of the water, a key feature of the garden. The Order is now in force.
- The Hampshire Gardens Trust, and in parallel the Gardens Trust itself (the national body), applied to Historic England to register the garden in the national ‘Register of Parks and Gardens of special historic interest in England’. Registration is a material consideration in the planning process, meaning that planning authorities must consider the impact of any proposed development on a registered landscape’s special character. This application is still pending.