Issue - meetings

Report by Tracy Carter – Associate Director Environmental Services and

Ian R Gibbons - Solicitor to the Council and Associate Director – Legal and Governance

Public Participation

Mrs Patricia Sheppard spoke in Objection to the application.

Mr David Read spoke in Objection to the application.

Mr Richard Sheppard spoke in Objection to the application.

Mr Glynn Paton spoke in Support of the application.

Mr Michael Morgan Jones spoke in Support of the application.

The Senior Solicitor introduced the application to register land as a Village Green, in relation to Brown Copse Field, Winterslow.  It was explained that in November and December 2014 Wiltshire Council held a non-statutory public

inquiry into an application to register land as a town or village green, under

Sections 15(1) and (3) of the Commons Act 2006, in the parish of Winterslow.

At the inquiry, evidence was given orally by witnesses both in support and in

objection to the application. This evidence was then tested through cross-examination and re-examination of the witnesses. Following the inquiry, the independent Inspector appointed by Wiltshire Council to preside over the inquiry produced a report of his findings and made a recommendation to Wiltshire Council.

At its meeting on 24 September 2015 the Committee decided against the Inspectors recommendation in part and turned down the application to register Browns Copse as a Village Green. The applicant then sought to challenge that decision and proceedings were filed in the High Court on 23 December 2015. Wiltshire Council sought legal advice from a Barrister.  The Council could not defend those proceedings and the decision was quashed by the High Court in March 2016.

The Committee was required to re-determine the application but only concerning Brown’s Copse and the Committee was asked to consider the Inspectors recommendation on the Village Green application again. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that the Court had looked at the process in which the Committee had come to its decision. The decision had been quashed on grounds of pre-determination. It was not the role of the Court to look at the inspector’s report but the decision making process. The Committee asked whether the correct advice had been provided at the original meeting, in relation to the options available to them. It was stated that the only test available to Committee was the legal test as set out in s.15 of the Commons Act 2006 that a significant number of inhabitants of any locality or of any neighbourhood within a locality, had indulged as of right in lawful sports or pastimes on the land for a period of at least 20 years.

If the application was approved, the ownership of the land would not change.   The current owners could continue to work the land such as coppicing, as they had previously done as activities undertaken by the landowner such as the coppicing had been undertaken for the last 70 years and had co-existed with the village green activities.  However the landowners would now no longer be able to prevent the public from entering the land.

The  ...  view the full minutes text for item 37

The Chairman has approved consideration of the above mentioned item as urgent business as a decision is required prior to the next scheduled meeting.

Report by Ian Gibbons, Solicitor to the Council and Associate Director, Legal and Governance

In accordance with Section 100 B 4 (b) of the Local Government  Act 1972, the Chairman approved consideration of the above item as urgent business as a decision was required before 24 December 2015 which was prior to the next scheduled meeting.

Public Participation

Mr Michael Morgan-Jones attended the meeting for this item and explained his attendance was to hear first hand the Committee’s views. The Chairman gave him an opportunity to express any views and explained that the substance of the debate would be held under Part II of the meeting.

Ian Gibbons, Associate Director for Legal and Governance and Solicitor to the Council presented a report which explained that further to the Committee’s decision on 24 September 2015 to refuse to register land known as ‘Brown’s Copse’ in Winterslow as a village green, a pre-action protocol letter dated 23 November 2015 had now been received from the applicant Winterslow Opposed to Over-development (‘WOOD’).  

The letter challenged the lawfulness of the Committee’s decision and notified the Council of the applicant’s intention to issue proceedings for judicial review in the High Court to set aside the decision.

By way of background information, the report and associated appendices previously considered by the Committee at its meetings on 24 September and 30 April 2015 were presented together with the corresponding minutes.

The report also referred to the non-statutory public inquiry held into the matter and the Inspector’s recommendations.

If legal proceedings were to be issued the Solicitor to the Council was authorised under the Constitution to institute, defend, settle or participate in any legal

proceedings in any case where such action is necessary either to give effect

to decisions of the Council or in any case where the Solicitor to the Council

considers that such action is necessary to protect the Council’s interests.

Noting that further information would be considered in Part II as detailed in minute no. 140 below, the Committee;

Resolved:

(a)          to note that the applicant is now expected to issue judicial review

proceedings before 24 December 2015 in order to challenge the

Council’s decision to refuse to register Brown’s Copse as a village

green.

(b)          To consider the Council’s response to the proposed proceedings

under a separate Part 2 report.