Agenda item

To consider how to proceed with a village green application in respect of land at Banky Fields, Congleton

The Committee considered a report seeking a decision on how to proceed with a village green application in respect of land at Banky Field, Conlgeton.

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 8 March 2013 by Mr Gordon Mellor. The Application Land was shown on the Appendix to the Report.  The application was supported by 13 supporting statements from local residents.

A consultation exercise was carried out between 12 September 2013 and 6 December 2013.  No comments were received either in support or against the application.  For various reasons the village green application was not progressed for a number of months.  As a result of this delay, in November 2014 it was decided that the applicant and all known landowners would be written to in order to ask whether they would like to submit any comments in relation to the application before it moved to the next stage.  Following this, an objection was received from Cheshire East Council as landowner and a letter in support of the application from Mr and Mrs Bird.   

The Council objected on the basis that the application was not in accordance with the requirements of Section 15 Commons Act 2006 in that it had not been made by the inhabitants of a locality or neighbourhood and that the applicant’s use of the land was not as of right but by right, as Open Space by virtue of Section 10 of the Open Spaces Act 1906 and or as licensees of the garages on the application land.

Regulation 6(2)(b) of the Regulations provide that the registration authority may consider any statement that it receives on or after the expiration of the consultation period and before the authority disposes of the application. Should the registration authority intend to take any such statements into consideration, the applicant must be given an opportunity to consider the statement and to deal with any of the issues raised.

The applicant was written to on 6 December 2014 inviting them to submit any comments in relation to the statements by 16 January 2015.  The applicant responded that they objected to the fact that the registration authority would be asked to exercise its discretion to receive the Council’s objection after the expiration of the consultation period and had raised the matter with their MP, Fiona Bruce and local ward members.  As a result of a request from Fiona Bruce, the period for responses to the objection was extended until 30 January 2015.  The applicant responded on 26 January 2015 arguing that the Council’s objection contains misrepresentations and lacks logic in its conclusion.

As the Council was both the registration authority and the landowner, it was recommended that the Head of Legal be authorised to appoint an independent person to consider the application on the basis of written evidence.  It may be possible that the independent person, having received the evidence, recommends that a non-statutory public inquiry is held.  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.

The Committee unanimously

RESOLVED:  That

1          the Head of Legal be authorised to appoint an independent person to consider the application on the basis of written evidence and provide a report.

2          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 with the Chairman of the Public Rights of Way Committee.