Agenda and minutes

To confirm the minutes of the meeting held on 26 July 2023.

The minutes of the meeting held on 26 July 2023 were confirmed and signed.

To disclose any pecuniary, other registrable or non-registrable interests as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

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

Cllr Coombs mentioned that Mr Shakesby, the applicant, had been a former Dorset Council Councillor and she knew him from the past, but had not had any association with him since he stood down from the role.

This report considers an application to correct Dorset Council’s Register of Common Land by removing land registered at Knighton Common, Winfrith Newburgh under Section 19(2)(a) of the Commons Act 2006 and recommends rejection on the basis that insufficient evidence has been submitted in support of the application.

The Senior Definitive Map Technical Officer presented the report to consider an application to correct Dorset Council’s Register of Common Land by removing land registered at Knighton Common, Winfrith Newburgh under Section 19(2)(a) of the Commons Act 2006.

With the aid of a visual presentation the committee members were shown a map of the area and the views from various compass points.  An aerial photo detailed the common land, an area of approx. 0.8 acres with a field to the south-east which was partly fenced and a track dissecting the site which served as a public footpath and access to a number of properties.

All responses to the consultation from the applicant and consultees were summarised within the report.  There were a number of issues and concerns raised which the Senior Definitive Map Technical Officer addressed in her presentation.

A letter circulated by the applicant’s legal consultants (Michelmore’s) was referred to and the points raised were addressed by both the Senior Definitive Map Technical Officer and the Legal Business Partner – Regulatory.

The Legal Business Partner advised that the scope of Section 19 (2)(a) only concerned the mistake of the authority in dealing with the application itself by not registering what had been applied for and as such the application fell outside the scope of those powers.

The recommendation was to refuse the application and the reasons for the recommendation were set out on the presentation.

Oral representation in support of the application was received from Mr S and Mrs E Leakey and from Sarah Rhodes, (legal representative for the applicant).

The Legal Business Partner – Regulatory advised that in addition to the options of either approving or rejecting the application, members could defer the decision pending a public enquiry but this was not recommended.

Members were given the opportunity to ask questions and debate the application.

In response to committee member questions, Officers advised that their interpretation of section of 19 was how the council dealt with the application.  If the council had properly dealt with the application and registered what had been applied for, this was not a mistake by the authority that could be corrected, but if it was a mistake on any other issue it would not be a mistake within section 19 by the authority that could  be corrected, equally if it was wider than that Officers did not feel the evidence submitted was enough.

In relation to the tithe map the issue regarding what was or not shown on this was not relevant to the application.

The 1957 Winfrith Act did not include Knighton Common, however the applicant believed that it should have been.

Following a claim by the applicant’s Legal Representative that the Officers had exceeded their remit by making recommendations, the Legal Business Partner – Regulatory advised that the Officers’ role was to advise the committee of their comments, professional view and guidance, having had regard to the evidence.  If members felt that was incorrect, they were entitled to reach  ...  view the full minutes text for item 13.

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.

There were no urgent items.

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended). The public and the press will be asked to leave the meeting whilst the item of business is considered.  

There are no exempt items scheduled for this meeting.  

There was no exempt business.