Agenda and minutes

Commons and Rights of Way Committee
Monday 15 December 2014 11.00 am

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

Contact: Jane Cleaver 

Items
No. Item

22.

Minutes - pdf icon PDF 105 KB

To approve as a correct record the Minutes of the meeting held on 3 September 2014.

Minutes:

 

Resolved

 

That the minutes of the meeting held on 3 September 2014 be approved as a correct record.

23.

Public Questions on Application(s)

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 8 December 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 were received on the application from members of the public.

24.

Members Questions on Application(s)

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 8 December 2014.

 

Minutes:

 

No questions on the application were received from members.

25.

Application for the registration of land known as "Baxter's Field", Summer Street, Stroud, Gloucestershire as a town or village green under Section 15 Of The Commons Act 2006 pdf icon PDF 214 KB

To consider the following application:

 

Application for the registration of an area of land known as “Baxter’s Field”, Summer Street, Stroud, Gloucestershire as a town or village green.

 

As shown edged in 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 the registration of an area of land known as ‘Baxter’s Field’, Summer Street, Stroud, as a town or village green.

 

During her detailed introduction Ms Denness highlighted the various legal tests which needed to be met for an application to be permissible.  The Committee’s attention was drawn in particular to the need for all of the tests to be met before an application could succeed.

 

The findings of the Inspector following the non-statutory public inquiry held on 15 to 18 September 2014 were noted as

 

·         No evidence had been shown to support the claim that the land in question was used by inhabitants of a defined locality; the Inspector found that the claimed neighbourhood was rather an artificial construct for the purposes of the application.

 

·         Although finding some qualifying ‘as of right’ use of the land, the amount was insufficient to show that the land had been used for lawful sports and pastimes throughout the application period (20 years prior to 4 January 2013).

 

The following points were noted in response to questions from the Committee:

 

·         Although the Inspector had noted that a sufficient number of inhabitants had stated that they had made use of the land, it was considered that the use wasn’t qualifying use. In addition witness evidence provided that other people had been seen using the land but were not specifically identified as coming from within the claimed neighbourhood, this evidence was therefore discounted because the use was conceivably made by people from outside of the neighbourhood.

 

·         The breach in the fencing had allowed access ‘as of right’, but no evidence had been given showing that use had been made of the land for sport and recreational purposes; rather the evidence had shown that the land was used as a cut-through i.e. as an unofficial footpath.  The official footpath was adjacent to the site.

 

Having considered all the information before it the Committee

 

Resolved

 

That the Application dated 4 January 2013 made by SSOSG (“the Applicants”) for the registration of an area of land known as Baxter’s Field, Summer Street, Stroud, Gloucestershire (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 to the Committee’s report.

 

26.

Commons Registration: New Procedure for Applications to amend the Commons Register pdf icon PDF 153 KB

To consider the attached report which informs the Committee on a new procedure for applications to amend the commons register.

Minutes:

 

Information on the new procedure for applications to amend the Commons Register was noted.

 

As the Commons Registration Authority the County Council would receive applications made under these new regulations.  The fee for making applications under paragraphs 6-9 of Schedule 2 of the Commons Act had been set at £1000. No charge would be made for applications under section 19 of the Commons Act 2006 given that such applications related to an anomaly on the Registration Authority’s part.

 

Resolved

 

That the report be received and the information contained therein be noted.

27.

Public Questions - pdf icon PDF 84 KB

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 8 December 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:

 

Four written questions had been submitted by a member of the public.  The questions and answers were circulated at the meeting and taken as read.  A copy is attached to the signed copy of these minutes.

 

The following supplementary questions were asked (given as summarised versions):

 

Question 1

 

Mr Rice sought the reason why the County Council had differentiated between the electronic and the hard copy of the register and the whereabouts of the hard copy of the register which had not been available for inspection before the meeting today.

 

Question 2

 

Mr Rice asked why he had not received a response to his question as recorded in the minutes from the Committee’s meeting in November 2013.

 

The Chairman thanked Mr Rice for his supplementary questions and confirmed that a response to these would be included in the full written response to be supplied by 16 January 2015.  The written response would be copied to all members of the Committee.

 

 

The following oral question was asked by Mr Rice:

 

If land had been mistakenly entered onto the Town and Village Green Register under the 1965 Act would a fee be charged for an application to remove?

 

The Chairman responded by explaining that no consideration could be given to this matter until an application had been received.

 

28.

Members' Questions -

To answer any written members’ questions. The closing date/time for the receipt of questions is 8 December 2014 at 10am.

Minutes:

 

No questions on the Committee’s general duties and powers were received from members.