Meeting documents

To consider a report by the Service Director – Environment, Infrastructure and Economy.

The Committee considered a report by the Service Director - Environment , Infrastructure and Economy on two applications for the deregistration of common land at Leigh Common - consisting of land located either side of the B3073, Leigh Road, at Colehill and made by developers of land within and adjoining the registered common.

With the aid of a visual presentation, and having regard to the provisions of the Update Sheet and the statements of third parties provided for members prior to the meeting, the basis for the application was explained and what it entailed. Photographs and plans were shown illustrating this, showing the application areas from various directions and at various points; their characteristics and relationship with neighbouring properties and amenities; and their setting within the landscape in that part of Colehill.

Officers explained that the applications stated that the land should be deregistered as common land because it ought not to have been registered due to the fact that it was public highway at the time of registration, this being based on Section 22(1) of the Commons Registration Act 1965, which defined common land as "excluding highways". The applications were "duly made" for the purposes of the Commons Act 2006.

The applications were accompanied by supporting documentary evidence. In assessing this evidence thoroughly, officers had concluded that this was the case - in what was being claimed was credible and acceptable - and this formed the basis of the reasoning of the officer’s recommendation.

Members were now being asked to consider whether the applications satisfied the statutory requirements to deregister land as Common Land, with the legal test being that the balance of probability and the burden of proof rested with the applicant to discharge. From officer’s analysis of the evidence provided in support of the applications, there was an indication that part of the application land was public highway at the time of registration. Therefore, the applications were considered to be valid and, when considered together with all the available evidence, it was being recommended that application CLD 2016/1 was accepted in part and application CLD 2017/1 was accepted fully.

A series of objections had been received to the applications based, predominantly, on the perceived loss of green space and green land. Officers clarified to what extent the applications applied and explained that there had been some general misconception that the majority of Leigh Common would itself be affected, rather than just the portions alongside the carriageway. Some other objections related to points of law - that Section 19 did not cover issues such as this - but officers confirmed their view that the application properly fell within Section 19.

The opportunity was provided for local members to address the Committee. The County Councillor for Colehill East and Stapehill expressed concern on behalf of Colehill Parish Council that any potential future development on the land that was being applied for deregistration would severely impact on the viability of the footway and diminish the means by which it could be used; adversely affect the drainage ditch there and the purpose that served and; also impact adversely on a children’s play area. She also maintained that if this was being applied for the northern side of the B3073, then the same should apply to its southern side. She considered that the application should be refused in principle in that common land should remain.

The Committee were then provided with the opportunity to ask questions of the officer’s presentation and about what they had heard and officer’s provided clarification in respect of the points raised as necessary.

In response to one member’s question as to what were the benefits of an amendment to the Register being made, the Senior Solicitor confirmed that consideration should not be given to whether the application was beneficial or not or what any consequences would be, but rather to ensure that the Register of Common Land was accurate.

A further question was asked about the implications if the decision they took was incorrect and would the County Council be open to Judicial Review. Officers were confident that the applications had been made under the correct section of the law and maintained that the applications made were valid.

Given this assurance, the County Councillor for Colehill West and Wimborne Minster accepted that the law confirmed that highway was not common land so, on that basis - and having had the opportunity to discuss the merits of the application in detail and having had their questions answered satisfactorily - the Committee, having taken into account the officer’s report, what they had heard at the meeting from the case officer, legal advisor and invited speakers, were satisfied in their understanding of what the proposals entailed and the assurances provided by officers and, on being put to the vote, it was

Resolved

1.That the application CLD 2017/1 to deregister Common Land at Leigh Common, Colehill be accepted and the application CLD 2016/1 be accepted in part; and

2. That the Register of Common Land be updated accordingly, as shown on Drawing 18/22.

Reasons for Decisions

The evidence presented to the Committee demonstrated that application CLD 2017/1 should be accepted, application CLD 2016/1 should be accepted in part and the relevant land deregistered as Common Land.

Decisions on applications for Common Land deregistration ensured that changes to the Register of Common Land complied with the legal requirements and supported the Corporate Plan objectives of:

Enabling Economic Growth

·        Work in partnership to ensure the good management of our natural and historic environment

·         Encourage tourism to our unique county

Promoting Health, Wellbeing and Safeguarding

• Actively promote physical activity and sport

• Improve the provision of, and access to, green, open spaces close to where people live