Meeting documents

The Chairman took the opportunity to congratulate Phil Crowther on his appointment to Senior Solicitor from August 2017. The Committee endorsed this wholeheartedly.

Apologies for absence were received from Councillors Jon Andrews, Shane Bartlett, Beryl Ezzard, Nick Ireland, Jon Orrell, Mary Penfold and Margaret Phipps.

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

To confirm and sign the minutes of the meeting held on 22 June 2017.

The minutes of the meeting held on 22 June 2017 were confirmed and signed.

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 Economy.

The Committee considered a report by the Director for Environment and the Economy on an application to amend the Register of Town and Village Greens by the addition of an area of land at Herston Fields, Swanage.

Following a Public Inquiry being held during April 2016, the Inquiry’s Inspector had produced a full and reasoned report to the County Council in which he set out the evidence presented at the Public Inquiry and members were now being asked to consider the conclusions and recommendations reached by him in respect of this application, with the site shown on Drawing 14/36/1 accompanying the Director’s report. The Committee’s attention was drawn to the critical issues under the statutory test.

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. Photographs and plans were shown to the Committee by way of illustration, showing the claimed application area, its character and setting within the landscape and its relationship with development in Herston and Swanage. Photographs showed where the site was traversed by a footpath and depicted the site from various directions, showing its characteristics, landform and entrances. A graphic showed the addresses of those who had completed user evidence forms. The Committee’s attention was drawn to the user evidence summarised in the report, together with a matrix showing the activities in which people participated and charts showing periods and level of use.

The background to the application and what it entailed was explained by officers. The application had been made in 2013 under Section 15(2) of the Commons Act 2006 by the applicant on behalf of ‘The Friends of Herston Fields’ with the claim that the site had been used, as of right, for lawful sports and pastimes throughout a period of 20 consecutive years. The elements of the tests for registration of the application area  and what needed to be satisfied for it to be classified as a town or village green, were stated to the Committee. 

Officers confirmed that the only objection to the application – in disputing the claim - had been made by the landowner, the Scott Estate, that the neighbourhood had not been sufficiently defined  and, for much of the time, the land had been out of their possession so could not have taken action over how the land was being used during that time.

Responses to this from the ‘The Friends of Herston Fields’ included how it was considered that the application provided sufficient evidence to support the case for registration and their perception of the way in which the land had been managed in demonstrating that the use was as of right.

Officers advised the Committee about the weight which should be given to the Inspector’s recommendations in coming to their decision and how those recommendations should be applied as a basis of their decision. Given this, it was for Committee to now determine the application, having considered the Inspector’s report and its  ...  view the full minutes text for item 14.

To answer any questions received in writing by the Chief Executive by not later than 10.00am on Monday 10 July 2017.

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

Application for the registration of a town or village green at Herston Fields, Swanage.

Letter from Wilsons Solicitors dated 6 July - circulated to Committee Members

Officers remain of the view that the issues raised by the objector in the representations enclosed with the letter are properly dealt with in the Inspector’s Supplementary Report and in the Committee Report.

In relation to the neighbourhood issue, the post-inquiry consultation was undertaken in two parts.  The first was in effect an ‘in principle consultation’ on whether the Inspector was entitled to find a neighbourhood which was different from that applied for.  The second, at the objector’s request, was on the material considered by the Inspector in reaching his recommendation on the extent of the neighbourhood.  The objector’s representations on neighbourhood attached to the letter were made before they had seen the material considered by the Inspector and the objector made further representations.  Thus the objector’s assertion that the neighbourhood as found by the Inspector is ‘unsupported by the evidence’ was made before the objector had seen such evidence.

Further comments received from Gerard Jensen on behalf on the applicant on 10 July 2017

Mr Jensen has submitted comments on the Objector’s Representations on the Inspector’s Report (which was also attached to the letter from Wilson’s Solicitors.  In summary these state that

·         The objector is seeking to reopen matters that were fully considered by the Inspector

·         The differences between the ploughing that took place in 2002, if it did take place and the ploughing in 2011

·         The whole of the application site was used and not just a part of it.