Sale of the commons - Frequently asked Questions
Sale FAQs
You can read about our campaign in The Guardian!
Why are the Commons for sale?
The Commons are privately owned and the current owner has decided to sell. This does not change the strong legal protections already in place, but it does raise important questions about future ownership and stewardship
Are the Commons at risk of being developed?
The Commons are among the most legally protected green spaces in Tunbridge Wells. They are registered village greens, lie within conservation areas, and are governed by specific legislation. Large-scale development is extremely restricted and, in many cases, unlawful.
However, ownership still matters, and community ownership offers the greatest long-term certainty.
Why do the Friends want to buy the Commons?
The Friends believe that ownership by a local charity dedicated solely to the Commons is the best way to secure their future. Community ownership would remove commercial pressure, keep decisions local, and ensure the Commons are managed only for public enjoyment, conservation and heritage.
What would change if the Friends owned the Commons?
Day-to-day enjoyment of the Commons would not change. Access would remain open, and the Conservators would continue their vital management role.
What would change is long-term certainty: ownership would sit with a body whose sole purpose is to protect the Commons for the community.
Why is fundraising needed if the Commons are already protected?
Legal protections are strong, but they do not prevent speculative interest or repeated attempts to extract commercial value. Ownership by the Friends would provide the strongest possible safeguard by aligning legal ownership with the Commons’ purpose. Community ownership also prevents fragmentation of the Commons through piecemeal sale, ensuring the land is protected as a single, coherent public asset.
How would donated or pledged funds be used?
Any funds raised would be used solely to support the purchase of the Commons and related professional costs. The Friends are committed to transparency and will keep supporters informed as plans develop.
What happens if the Friends are unable to buy the Commons?
Even if a purchase is not achieved, funds pledged will demonstrate the depth of community support. This will send a strong signal to future owners about the keen interest the community have in the Commons being used for the benefit of the community.
How will this impact the Conservators?
The Friends work closely with the Commons Conservators and support their statutory role. This initiative is about ownership, not management, and about ensuring that long-term decisions reflect local priorities.
Does local government change affect this?
Potential changes to local government structures could mean decisions about the Commons are taken further from Tunbridge Wells. Community ownership helps ensure a strong local voice continues to speak for the Commons’ importance.
Why should I pledge or donate now?
Early pledges help demonstrate serious community intent and strengthen discussions with the seller and with potential funders. Even expressions of interest at this stage are valuable.
How can I support the Friends if I’m not able to donate?
Support comes in many forms: staying informed, sharing accurate information, encouraging others to join the Friends, volunteering, or simply speaking positively about the value of the Commons.
How can I ask further questions or discuss a pledge?
If you would like to talk to someone directly, please contact:
Joy – chairman@fotcs.org.uk
John – johnspbarber@gmail.com
If you would like to register a pledge directly you can do so here.
How much would the Commons cost?
No purchase price has been agreed. The Friends are at an exploratory stage and are not speculating on figures.
What is the appropriate ownership structure?
The Friends are currently exploring the most appropriate structure to own The Commons, whilst continuing to operate as gift-aid receiving charity. This will likely require the creation of a Community Interest Company although other options are available.
The sales brochure mentions a land swap to enable development of the Upper Pantiles car park. Is this possible?
The sales brochure refers to a potential land exchange involving the Upper Pantiles car park and land at Still Green. Any such proposal would face very significant legal and procedural constraints. There would be questions about whether Still Green is an appropriate swap considering the strict criteria that needs to be met.
In addition, the Commons are registered village greens governed by specific legislation. Any land swap would need to meet a high legal bar, including multiple consents, clear public benefit, and protection of public rights. Such exchanges are rare, complex and far from assured, and should not be treated as straightforward or likely.
Can the Commons provide Biodiversity Net Gain (BNG), as suggested in the sales brochure?
In theory, BNG is part of the planning system, but the ability for the Commons to provide BNG units is highly constrained. The amount of improvement that the Commons would need to show in diversity improvement may be extremely challenging given that they have been subject to rolling Management Plans for many years and these have already delivered significant biodiversity gain.
The Commons are protected land managed for public enjoyment, conservation and heritage, not for commercial offsetting. Any BNG proposal would need to comply with legislation, management plans and byelaws, demonstrate genuine additional benefit, and receive approval from the Commons Conservators. In practice, such proposals are complex, uncertain and not an established use of the Commons.
On the 24th of January, 7th and 14th of February 2026 The Friends held an EGM and Public Meetings at The Camden Centre and in Rusthall. These notes are a reflection of what was discussed.