Venue: Meeting Room 1, County Hall, Dorchester, DT1 1XJ. View directions
Contact: David Northover 01305 224175 - Email: david.northover@dorsetcouncil.gov.uk
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Apologies To receive any apologies for absence. Minutes: Apologies for absence were received from Councillors Kelvin Clayton and David Gray. |
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Declarations of Interest To receive any declarations of interest. Minutes: No declarations of disclosable pecuniary interests were made at the meeting. |
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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. |
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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. |
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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. |
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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. |