Agenda item

The committee is asked to consider whether to register the land which is the subject of these applications as Village Green.

Officers:

Daniel Williams, Senior Countryside Access Officer (Legal Definition)

Judith Shephard, Senior Lawyer

Officer Introduction:

1. The Senior Countryside Access Officer introduced the report and provided Members with a brief overview. Members noted that the item was for Members to consider applications for Village Green status by Mr Marcus Burke-Williams (First applicant) dated 14 August 2017 (Application 1880) (and subsequently amended to exclude the southern part, owned by Taylor Wimpey UK Limited) and Mrs Amanda Moylan-Jones (Second applicant) dated 17 December 2018 (Application 1882) both relating to land north of the A309, West of Woodstock Lane North. Both applications incorporated Stokes Field Nature Reserve and Application 1882 also extends to One Tree Hill to the south, collectively referred to as ‘Stokes Field’. It was noted that the County Council was the Commons Registration Authority (CRA) under the Commons Registration Act 1965 and the Commons Act 2006 and which administers the Registers of Common Land and Town or Village Greens. It was noted that, under Section 15 of the 2006 Act, the County Council can register new land as a Town or Village Green (TVG) on application. Full details could be found within the published report.

Key points raised during the discussion:

1.    The Chairman thanked officers for the thorough overview of the report.

2.    Cllr Mallett stated that he lived within the vicinity of the site between 1962 and 1965. The Member further noted the history of the application and that a public enquiry had taken place. Cllr Mallett added that having considered the report he was satisfied with the decisions that had been recommended.

3.    A Member asked for clarification on who would be responsible for the maintenance of the site if the applications were approved. The officer stated that, from the point of view of the County Council Commons Registration Authority, the purpose was to record the rights and did not place any kind of duty upon the council for maintenance of the site. Members further noted that the responsibility of maintenance would remain with the landowner.

4.    A Member stated that it was a very complicated subject and that officers had done an excellent job of explaining the context. Members further noted that a registration of a town and village green had no impact on land ownership.

5.    The Chairman moved the three recommendations which were unanimously agreed.

Actions / Further information to be provided:

None.

Resolved:

The Planning and Regulatory Committee agreed:

              i.        That the land in Application 1882 is amended as set out in paragraph 7.10; and

             ii.        that the land in amended Application 1882 is registered as a TVG in accordance with section 15(2) of the Commons Act 2006 for the reasons given in the Inspector’s Report.

            iii.        That Application 1880 should be treated as withdrawn.