Agenda item

The Committee considered a report of the Head of Legal and Democratic Services which sought the appointment of an Inspector to hold a Public Inquiry to assist in determining an application received from West Auckland Parish Council to register The Fleece and Nursery Land, West Auckland as Town or Village Green, under the Commons Act 2006 (for copy see file of minutes).

The Principal Planning and Development Solicitor referred to Section 15 of the Commons Act 2006 whereby any person could apply to have land registered as village green if it had been used by local people for recreation ‘as of right’ for at least 20 years.

The application did contain evidence that the land had been used over a period of 20 years for activities such as football, walking dogs, children playing, community celebration, games and general recreation however, an objection had been received from an adjacent land owner.  The objector claimed he had taken access across the land, grazed horses and used it freely at all different times without hindrance from any third party and he denied that any use had been undertaken on the site other than a shortcut to Front Street by dog walkers.

The Principal Planning and Development Solicitor explained, that when a conflict of evidence arised such evidence should be tested, and recommended that the appropriate solution was to hold a non-statutory public inquiry to give all parties the opportunity to present evidence orally, to a suitably qualified Inspector.  Following a Public Inquiry, the Inspector would prepare a report for the consideration together with a recommendation.

The Principal Planning and Development Solicitor informed the Committee that since the report had been circulated, the applicant had approached the objector in an attempt to reach a resolution.  Ample time would be given for both parties in reaching an agreement, before appointing an Inspector to avoid unnecessary cost to the Council.

Resolved:

That a suitably qualified Inspector is appointed to hold a Public Inquiry for the purpose of receiving and assessing evidence.