56 Application to record a town or village green at Stony Down Plantation, Corfe Mullen PDF 1 MB
To consider a report of the Definitive Map Team Manager.
Minutes:
The Committee
considered a report from the Definitive Map Team Manager for an application to
amend the Register of Town and Village Greens by the addition of an area of
land known as Stony Down Plantation, a drawing of which was attached at
Appendix 1 of the report.
Members were given
details of the background of the application and were shown a
number of slides from various points of the application site. An application had been made in November
2015 for a Definitive Map Modification Order to add sixteen bridleways across
Stony Down
Plantation.
The Modification Order application was under separate consideration, under
Officer Delegation, but relevant to the Village Green application as it would
affect the same area of land and both applications were supported by evidence
of public use.
The Definitive Map Team Manager
explained that there was insufficient qualifying evidence of use to satisfy the
legal test that needed to be met in order to recommend
the application for approval and it was therefore recommended for refusal.
Oral representation
was received from Ms Carol Evans on behalf of the landowner in support of the
recommendation to refuse the application.
In response to
member questions the Definitive Map Team Manager advised that there was no
specific number to qualify significant use of the land and each application
should be determined on it’s
own merits. Representations received
from those using the land claimed they used the whole area and not just the
bridle paths.
The Committee
members were in agreement with the Officer’s
recommendation that there was not enough evidence to meet the legal tests
required
for the successful registration of a town or village green.
Proposed by Cllr
Belinda Ridout, seconded by Cllr Shane Bartlett.
Decision:
That
the application VG1/2016 to register land at Stony Down Plantation as Town or
Village Green at Corfe Mullen was rejected
and
The
Register of Town and Village Greens should not be updated