Agenda item

Public Participation

Mr Karl Lloyd spoke in support of the application

Miss Olivia Weremijenko spoke in support of the application

Cllr Paul Oatway QPM, on behalf of Woodborough parish council, spoke in support of the application

Sally Madgwick, Rights of Way Officer, introduced the report which outlined the application for village green status to be granted to an area of land in Woodborough under section15 (1) and (2) of the commons Act 2006. It was explained that the land is currently in the ownership of Astor Property and that registration of land as a town or village green  can be granted if: a significant number of inhabitants of a locality or neighbourhood have indulged in sports and pastimes for a period of 20 years, in a manner that is ‘as of right’ and continue to do so at the time of the application. Details of witness statements and testimonies, as well as legal arguments by the parties, were included within the report.

It was explained the options available to the Committee were to approve the registration of the land, reject the application, to hold a non-statutory public inquiry before determination, or seek the view of counsel on whether the council should determine the application without an inquiry, which was the recommendation in the report.

Legal advice was also presented to the Committee on the acceptable grounds to refuse or approve an application

Members of the meeting were invited to ask technical questions of the officer. In response to queries it was stated that most village green applications were determined by officers under delegated powers, but that where objections had been received, as in this case, it was usual to hold a non-statutory public inquiry. However, officers were of the view that as the key purpose of an inquiry would be to test the validity of witness testimonies, and that the principle objections to the application were instead on legal points, it was not necessary to hold an inquiry in order to determine the application.

Members of the public were then invited to speak as detailed above.

The local unitary division member, Cllr Paul Oatway QPM, spoke with regard to the application.

Cllr Oatway, seconded by Cllr Nick Fogg MBE, moved that the application be approved.

In the debate that followed, it was noted that the report had been written by a very experienced officer who had recommended in the supporting decision report that an inquiry was not required before approval, and considered whether it was necessary to seek further advice if they were of the view the application should be approved given the evidence presented in the report. The Committee noted the pressure on the landowners to develop housing, but considering the evidence with an open mind it was felt that the application would benefit a great number of people in the local community who had demonstrated the longstanding public use of the land, the site was inappropriate for development, and that there was no compelling reason to delay determination.

At the conclusion of debate, it was

Resolved:

To approve the recommendation that the area of land shown edged and cross hatched in red on the plan attached hereto being called The Green, Bondfield should be registered as a Town or Village Green and that the Register of Town and Village Greens be amended accordingly.

At the request of the Committee, it was noted the resolution had been unanimous.