Agenda item

To decide on how to proceed with a village green application in respect of land along the verge of Black Firs Lane and Chelford Road, Somerford

The Committee received a report seeking a decision on how to proceed with village green application in respect of land along the verge of Black Firs Lane and Chelford Road, Somerford.

The Council was the registration authority for village greens and the responsibility for the function was delegated to the Public Rights of Way Committee under the Council’s Constitution. 

An application had been submitted on 3 May 2013 by Mr Nicholas Bell.  The Application Land was shown on Appendix A to the report.  The evidence in support of the application contained several witness statements stating various uses and several photographs.

Mr Bell, the father of the applicant, attended the meeting and spoke in support of the application.

Cheshire East Council, as highways authority, had written objecting to the application making certain legal arguments. 

Richmond Estates Limited had recently obtained planning permission for residential development of the land bound by the Application Land and had written in objecting to the application.  The planning application had been submitted after the date of the village green application.  They had also obtained counsel opinion, which recommended that the application be dealt with by an independent person on the basis of written representation.

Legislation introduced by the Growth and Infrastructure Act 2013 had changed the criteria for registration of new village greens, which applied to applications received after 25 April 2013.  The new legislation excluded the right to apply for village green status where a prescribed event, known as a trigger event, had occurred within the planning system in relation to that land. 

Part of the application land may be affected by a trigger event as it had been identified as land for housing and employment and included in Cheshire East Council’s Local Plan Development Strategy and Emerging Policy Principles document, which was consulted on in January and February 2013.  

It was proposed that the applicant and the objectors be given an opportunity to make representations on the potential trigger event before the application be considered by an independent person based on written representations.  It was moved and seconded that the time allowed for the representations to be submitted be amended from fourteen days to twenty eight days.

It was possible that the independent person, having received the documents, recommends an inquiry be held instead. In the event of such a request it was recommended that delegated authority be given to the Head of Legal Services, in consultation with the Chairman of the Public Rights of Way Committee, to determine if a non statutory public inquiry should take place.

RESOLVED:  That

1.         the Head of Legal Services offer the applicant and the objectors twenty eight days to make representations on the potential trigger event which may affect part of the land subject to the village green application.

2.         following expiration of the twenty eight day period, the Head of Legal Services be authorised to appoint an independent expert to consider the application on the basis of written representations and provide a report.

3.         the Head of Legal Services be given delegated authority to determine if a non-statutory public inquiry should take place upon the recommendation of the independent expert, after consulting the Chairman of the Public Rights of Way Committee.