Meeting documents

The Chairman took the opportunity to thank Councillor Margaret Phipps for chairing the meeting held on the 1 June in the absence of himself and the Vice-Chairman on that occasion.

An apology was received from Councillor Jon Andrews.

There were no declarations by members of disclosable pecuniary interests under the Code of Conduct.

With reference to minute 6 and having sought and taken legal advice, Councillors Kevin Brookes and Jon Orrell confirmed that as they were both members of Weymouth and Portland Borough Council and the Borough Council had as landowner objected to the Town Green application site at the Nothe, they would withdraw from the meeting and would not take part in the debate.

To confirm and sign the minutes of the meeting held on 1 June 2017 (attached).

The minutes of the meeting held on 1 June 2017 were confirmed and signed.

Public Speaking

To receive any public questions and/or public statements in accordance with Standing Order 21 (2).

Public Speaking

There were no public questions received at the meeting in accordance with Standing Order 21(1).

There were no public statements received at the meeting in accordance with Standing Order 21(2).

To consider a report by the Director for Environment and the Economy (attached).

The Committee considered a report by the Director for Environment and the Economy which considered an application to amend the Register of Town and Village Greens by the addition of an area of land at Nothe Gardens, Weymouth, as shown on Drawing 08/18 accompanying the report.
 
With the aid of a visual presentation, and having regard to the Update Sheet appended to these minutes, the basis for the application was explained and what it entailed. Photographs and plans were shown to the Committee by way of illustration. This showed the claimed application area, its characteristics and setting within the townscape and its relationship with development in that part of Weymouth, including the local road network.  Officers confirmed that evidence had established that the land of the application was in the ownership of Weymouth and Portland Borough Council and that the Borough Council had objected to the application. Photographs showed the site from various directions within, depicting features such as entrance signage, interpretation boards, benches, toilets blocks and pathways all of which had been maintained primarily by the Borough Council, in association with Natural England.

The background to the application was explained by officers. This had been made in 2008 by Roger Genge on behalf of  ‘Friends of Nothe Gardens’ with the claim that the site had been used, as of right, throughout a period of 20 consecutive years. In 2012 the applicant asked to amend the application by reducing the area of the claimed green. The Committee’s attention was drawn to the user evidence of the claimed green in support of the application which was summarised in the report, together with a matrix showing the activities in which people participated and charts showing periods and level of use. Issues to be considered were set out in Paragraph 9 of the report, with the statutory tests for determining a town or village green being set out specifically in paragraph 9.2.

The Committee’s attention was also drawn to a statement of common ground agreed between the applicant and the objector – the Borough Council. This statement set out the matters on which the applicant and the objector agreed and the issues where they disagreed. This narrowed the issues that the Committee needed to determine.

With regard to the Update Sheet, the Solicitor drew the Committee’s attention to the withdrawal of the application – on the day preceding the meeting - by the applicant following the applicant’s reconsideration of the terms of  the Memorandum of Understanding between the Borough Council and the Friends of Nothe Gardens. Essentially this gave assurances that the application land would not be used for development purposes, which was the primary reason for the application being  lodged.  However the Solicitor confirmed that in its capacity as Registration Authority, the County Council was required to adjudicate on the application and to register the application land if there were sound reasons for doing so or, if not, to reject the application.

Officers summarised the Borough Council’s position - in that  ...  view the full minutes text for item 6.

The opportunity was taken to ensure that members knew that the reserve date of Thursday 17 August 2017 would be required to be used for a Committee meeting.

To answer any questions received in writing by the Chief Executive by not later than 10.00am on Monday 19 June 2017.

No questions were received from Members under Standing Order 20(2).