Agenda item

The Committee considered a report of the Head of Legal and Democratic Services regarding an application to register an area of land known as Eldon Village Green as a village green under the provisions of Section 15 of the Commons Act 2006 (for copy see file of Minutes).

The Planning and Development Solicitor informed the Committee that the application for registration had been made by ‘Eldon Parish Council’ as they felt that the area of land was useful to have as village green because of current usage. The application to voluntarily register the land was made to Durham County Council in its capacity as the Commons Registration Authority by the Asset Management section in its capacity as the owner of the land.

The Committee were informed that the plan circulated with the papers contained an error. The area identified for registration on the plan was larger than the area which the Parish Council had requested to be registered. The Committee were advised that the additional areas identified for registration were paths. Once registered, maintenance of these paths could be problematic because the surface could not be upgraded.  In the circumstances the registering of these areas would be inappropriate. A revised plan had been circulated to the Committee which clarified the correct area for registration.

The Planning and Development Solicitor informed the Committee that the law did not allow the Council to refuse the application, provided that the landowner had submitted a statutory declaration in support of the application to the effect that the land was within the ownership of Durham County Council and that all necessary consents, of which there were none, had been received.

Councillor Hall queried the reason for registration and sought clarification if registering the land as village green would result in any possible restrictions to the neighbouring Community Centre.

The Clerk to Eldon Parish Council, confirmed that the area of land had been used for exercise and recreation events previously.  Many parish Councillors were double-hatted and were representatives on the Eldon Partnership which was responsible for the running of the community centre.

Resolved

That the land referred to in the report and shown edged blue on the revised plan be registered as a village green.