Agenda and draft minutes

Dorset Council - Strategic Planning Committee
Monday, 9th December, 2019 11.00 am

Venue: Committee Room 1, County Hall, Dorchester, DT1 1XJ. View directions

Contact: David Northover  01305 224175 - Email: david.northover@dorsetcouncil.gov.uk

Items
No. Item

8.

Apologies

To receive any apologies for absence.

 

Minutes:

Apologies for absence were received from Councillors Kelvin Clayton and David Gray.

 

9.

Declarations of Interest

To receive any declarations of interest.

Minutes:

No declarations of disclosable pecuniary interests were made at the meeting.

 

10.

Minutes pdf icon PDF 137 KB

To confirm the minutes of the meeting held on 23 September 2019.

Minutes:

The minutes of the meeting held on 23 September 2019 were confirmed and signed.

11.

Public Participation

To receive questions or statements on the business of the committee from town and parish councils and members of the public.

Minutes:

There were no statements or questions from Town and Parish Councils, nor

public statements or questions at the meeting.

 

12.

Application to deregister land within the curtilage of a building wrongly registered as common land at Crendell, Alderholt pdf icon PDF 2 MB

 

To consider a report by the Corporate Director for Economic Growth and Infrastructure.

Minutes:

Consideration was given on an application - CLD 2018/1 - to deregister land within the curtilage of a building wrongly registered as common land at Crendell, Alderholt, with the basis for the application being explained by officers and what it entailed. The application was accompanied by supporting documentary evidence.

 

With the aid of a visual presentation, officers explained what the reasoning for the recommendation was and what the provisions of the application were. Photographs and plans were shown illustrating this, showing the application area from various directions and at various points; the accommodation on the site and its characteristics and setting within the landscape in that part of Alderholt.

 

Officers explained the history to the application, of the site and what process had taken place to get to where the application now was, in that the application had been made in January 2018, with the common being provisionally registered in September 1968 under the provisions of the Commons Registration Act 1965. The application being made asserted that the land - outlined in red on plans - was wrongly registered, as it was within the curtilage of a building at that time and remained so at the time of the application.

 

The common land unit formed part of the Cranborne Estate and consisted of a number of small parcels of land in the area known as “Wastelands”, with the site being originally occupied by a bungalow, for many years, which had recently been demolished and replaced with a house.

 

Officers explained that there were four requirements which needed to be met for the application to succeed. In assessing the available evidence thoroughly, officers had concluded that each of those tests had been fulfilled in that :-

 

·       firstly, the land was provisionally registered within the required timescale - in having to be provisionally registered as common land under section 4 of the Commons Registration Act 1965

·       secondly, at the date of the provisional registration, the land was covered by a building or was within the curtilage of a building. This was evidenced by a conveyancing document relating to the application land  dated 1957 - which included a plan which showed a building on the site - and also a mortgage deed from 1957, relating to that sale of the land which referred to a bungalow under construction at the time, this being eleven years prior to provisional registration

·        thirdly, the registration had become final, which it did in January 1981

·        and finally, since the date of the provisional registration, the land had at all times been, and still was, covered by a building or within the curtilage of a building.

Accordingly, what was being claimed was credible and acceptable - and this formed the basis of the reasoning of the officer’s recommendation, with Members now being asked whether they considered the application satisfied

the statutory requirements to deregister land as Common Land.

 

Following formal consultation - whilst the Cranborne Estate had no objection to make - an objection had been received to  ...  view the full minutes text for item 12.

13.

Urgent items

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

 

Minutes:

There were no urgent items of business for consideration.