Issue - meetings

To consider a report on the application by the Birtles Conservation Forum to register the field between Birtles Road and Drummond Way, Whirley Macclesfield as a new village green under section 15 of the Commons Act 2006

The Committee received a report which detailed an application by Birtles Conservation Forum to register the field between Birtles Road and Drummond Way, Whirley, Macclesfield as a new village green under section 15 if the Commons Act 2006.

The village green application was dated 30 September 2008 and had been submitted to Cheshire County Council on 2 October 2008 by the Birtles Conservation Forum.  Cheshire East Council was the successor authority to Cheshire County Council. 

The application was made pursuant to section 15(2) of the Commons Act 2006, which required the applicant to demonstrate that the land was used:

a.      for lawful sports and pastimes for a period of at least 20 years and that this use continued to the date of the application

b.      by a significant number of the inhabitants of a locality or of a neighbourhood within a locality

c.      as of right

Macclesfield Borough Council, as owner of the land, had objected to the application and Cheshire East Council, as its successor as landowner, had objected in that capacity.  Cheshire East Council was also the Registration Authority for Village Greens. 

The Public Rights of Way Committee, at its meeting on 7 December 2009, had adopted a procedure for dealing with village green applications.  In pursuance of that procedure, the Committee had decided in relation to this Application to authorise the Borough Solicitor to appoint a suitably qualified independent person to hold a non statutory public inquiry.  Douglas Edwards QC was appointed as the Inspector.  Both the applicant and objector supported the choice of Inspector.

A public inquiry was held on 12 to 14 October and 21 October 2010. 
Mrs Peggy Bentham represented the applicant and Miss Ruth Stockley of counsel represented the objector.  The inquiry was held in order to hear all the evidence from both the applicant and objector.  It was agreed between parties that the qualifying period for the purpose of the application was a 20 year period between 30 September 1998 and 30 September 2008. 

The Inspector’s Report, outlining his conclusions and providing his recommendation, was attached to the report.  The report took account of the written information produced to the Inspector and evidence received during the Inquiry. The Inspector had given less weight to written evidence than to oral evidence which had been tested by cross examination at the Inquiry. 

The Inspector had found as a matter of fact that there were periods, albeit short, when the land was fenced off by the objector to prevent access.  He had also found on a balance of probabilities that a temporary access for construction traffic had been laid across the land in 1999 to 2000. 

The Inspector concluded that from the early to mid 1990s there had been significant use of the land as a cut through connecting Birtles Road and Drummond Way and that this had given rise to the path or track which was now a noticeable feature on the land.  Beyond use of the track and  ...  view the full minutes text for item 25