Agenda and minutes

Commons and Rights of Way Committee
Wednesday 3 September 2014 2.00 pm

Venue: Council Chamber - Shire Hall, Gloucester. View directions

Contact: Jane Cleaver 

Items
No. Item

13.

Election of Chairperson

To elect a Chairperson for the remainder of the civic year.

Minutes:

 

Resolved

 

That Cllr Nigel Moor be elected Chairman for the remainder of the civic year.

14.

Declarations of Interest

Minutes:

Cllr Moor declared a prejudicial interest in agenda item 7 and would therefore relinquish the chair and retire from the meeting at that stage.

 

The Committee agreed that Cllr Cordwell should take the chair for that item.

15.

Minutes - pdf icon PDF 107 KB

 

To approve as a correct record the Minutes of the meeting held on 26 November 2013.

Minutes:

 

The Chairman proposed the following amendment to minute number 11, paragraph 9.

 

Mr Rice: The discussion on the application for a Village Green appeared to suggest that there was evidence of an unrecorded public right of way and has a declaration appeared in the statutory register for the land in question?

 

On being put to the vote the amendment was carried and the Committee therefore

 

Resolved

 

That the minutes be approved as a correct record subject to the amendment detailed above.

16.

Public Questions

To answer any written or public questions about the application(s) before the Committee at this meeting.  The closing date /time for the receipt of questions

is 10 am on 27 August 2014.

 

With the consent of the Chairperson, to answer any oral question(s) on the application(s) before the Committee at this meeting put by members of the public.

 

Depending on the nature of the oral questions asked it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

 

Minutes:

No questions from members of the public on the applications before the Committee had been received.

17.

Members Questions

 

To answer any written members’ questions on the application(s) before Committee at the meeting. The closing date/time for the receipt of questions is 10am on 27 August 2014.

 

Minutes:

No questions from members on the applications before the Committee had been received.

18.

Application For The Registration Of Land Adjacent To Churchdown Community Centre ("The Field"), Parton Road, Churchdown, Gloucestershire As A Town Or Village Green Under Section 15 Of The Commons Act 2006 pdf icon PDF 147 KB

 

To consider the following application:

 

Application for the registration of an area of land known as “The Field”, Parton Road, Churchdown as a town or village green.

 

Application Land: Land adjacent to Churchdown Community Centre, Parton Road, Churchdown, Gloucestershire shown edged red on the plan attached to the Application and set out in Appendix 1.

 

Additional documents:

Minutes:

 

Carrie Denness, Principal Lawyer, introduced the report on the application for land adjacent to Churchdown Community Centre to become a town or village green under Section 15 of the Commons Act 2006.  Ms Denness’s introduction was aided by a power-point presentation (copy of which is attached to the signed copy of these minutes).

 

In response to members’ questions on the details of the application Ms Denness highlighted the following points:

 

·         The Inspector’s report indicated that the application failed on the first statutory criterion (claimed neighbourhood was not a neighbourhood for the purposes of the application).

 

·         Signage had been in place from the late 1980s and had been replaced in 2012.

 

·         The Committee should determine the application only on the facts before it.

 

·         The Inspector had not detailed the test for ‘a significant number’ since the findings had been that the application failed on the first criterion.

 

Although acknowledging the possibility that inexperience had caused the applicants to fail to provide sufficient evidence to meet the neighbourhood test, the Committee noted that they had had the opportunity to seek independent legal advice.  Having considered all the information before it the Committee

 

Resolved

 

That the Application dated 9 July 2012 made by Mr & Mrs J C Robinson (“the Applicants”) for the registration of an area of land adjacent to Churchdown Community Centre, Parton Road, Churchdown (as shown edged red on the plan attached to the Application Appendix 1) as a town or village green pursuant to section 15 of the Commons Act 2006 be REFUSED for the reasons set out in the Inspector’s report attached at Appendix 2.

 

At this juncture Cllr Moor relinquished the Chair, and left the meeting. 

Cllr Cordwell assumed the Chair as agreed at the start of the meeting.

19.

Application for the registration of land known as the Cricket Ground, Lower Swell Road, Stow on the Wold, Gloucestershire as a Town or Village Green under Section 15 of the Commons Registration Act 2006 pdf icon PDF 278 KB

To consider an application to register an area of land known as the Cricket Ground, Lower Swell Road, Stow on the Wold, Gloucestershire GL54 1LD as a town or village green.

 

Application Site:       Land known as the Cricket Ground, Lower Swell Road, Stow on the Wold, Gloucestershire GL54 1LD shown edged red on the plan attached to the Application and set out in Appendix 1.

Additional documents:

Minutes:

 

Carrie Denness, Principal Lawyer, introduced the report on the application for land known as the Cricket Ground, at Lower Swell Road, Stow-on-the-Wold to become a town or village green.  Ms Denness used a power point slide show to aid her presentation (copy of which attached to the signed copy of the minutes).

 

Ms Denness explained the Inspector’s finding that the use was ‘by right’ rather than ‘as of right’.

 

Having considered all the information before it the Committee

 

Resolved

 

That the Application dated 5 February 2008 (CRA date of receipt 11 February 2008) made by Mr W R Cheston for the registration of an area of land known as the Cricket Ground, Lower Swell Road (as shown edged red on the plan attached to the Application (Appendix 1)) as a town or village green pursuant to section 15 of the Commons Act 2006 be REFUSED for the reasons set out in the Inspector’s reports attached at Appendix 2 to the report.

 

 

 

Cllr Moor returned to the meeting and resumed the Chair.

20.

Public Questions -

To answer any written or public questions about the matters, which are within the powers and duties of the Committee.

The closing date /time for the receipt of questions is 10am on 27 August 2014.

 

To answer any oral question(s) put by members of the public.

 

Depending on the nature of the oral questions asked it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

Minutes:

No written questions on the Committee’s powers and duties had been received.  The following oral questions were asked:

 

Mr Rice

 

Question 1:

 

A). Why did the GCC fail to respond to my question with the written response that the minutes advised, also to be published on its website and circulated to all CROW Committee members according to the minutes?

 

B). Why has the GCC failed to remove the “phantom” CROW meeting of 19th June 2009 from its calendar, after repeatedly being advised that no such meeting took place? 

 

The Chairman responded by assuring Mr Rice that the website information would be checked and amended as required.

 

Question 2:

 

A).       Is this Committee satisfied that the GCC has only resolved four of these high priority applications (Definitive Map Modification Orders) in over four years (factoring out the Bisley application that was decided by Public Inquiry before the June 2010 CROW Committee Meeting took place and the Cam application which was rejected as not legally compliant)?

 

B).       What is the GCCs forecast completion date to resolve the 19 current outstanding high priority applications, to modify its definitive map of rights of way (many of which have already been “backlogged” for many years)?

 

C).       Does this committee now believe that, because of the clear  lack of progress made, it should establish time bound stringent performance objectives and accountability reviews for the quantity of definitive map modification Orders that the GCC is required to determine and resolve?

 

The Chairman responded by assuring Mr Rice that his concerns had been noted and highlighted that members of the Committee were active in the appropriate arenas to ensure that whenever possible appropriate resourcing was directed to this area of work.

21.

Members' Questions -

To answer any written members’ questions. The closing date/time for the receipt of questions is 10am on 27 August 2014.

Minutes:

No questions had been received.