Agenda item

To consider the report of the Independent Expert

Councillor J Wray, having previously declared an interest, left the meeting whilst this application was considered.

During consideration of this application Councillors R Bailey and L Gilbert    arrived to the meeting. They did not take part in the discussion or voting on the application.

The Committee considered the report of the Independent Expert on the application to register land adjacent to Chelford Road and Black Firs Lane, Somerford as a village green.

The application was submitted by Mr Nicolas Bell in May 2013.  The Right of Way Committee originally received a report on 15 September 2014 and resolved that an independent expert be appointed to consider the application on the basis of written representations and to provide a report to the Committee.  On 16 March 2015 a further report to the Committee recommended that the view of the independent expert be accepted and the application be rejected.  The Committee resolved as such.

Following the decision, a Judicial Review of the decision was commenced on 15 June 2015 alleging amongst other things that there had been a procedural error as the independent expert had not given the Applicant the opportunity to comment on late evidence submitted by the Highway Authority, and that there should have been a public inquiry held to determine facts.  In relation to these two points the Judicial Review application succeeded and the village green application fell to be determined again. 

On 13 June 2016, the Committee resolved that an appropriately qualified independent expert be appointed to conduct a non-statutory inquiry to consider the application and provide the Committee with a report and recommendation for determination.

Mr Timothy Jones, Barrister, was appointed as the independent expert and was provided with copies of the application, plan and supporting evidence and also the information that resulted in the Judicial Review and copy of the High Court Decision. 

Mr Jones held a non-statutory public inquiry to consider evidence over the course of 8, 9, 10 and 11 May 2017 and had subsequently produced a report. At the inquiry Mr Nicholas Bell represented himself until he withdrew from the Inquiry following giving his own evidence.  Mr Christian Hawley of Counsel appeared on behalf of the Highways Authority and Mr Andrew Platt, Solicitor appeared on behalf of Richborough.

Mr Jones in his report concluded that part of the land covered by the application should be excluded from the site as it had been the subject of a trigger event, and in relation to the remainder of the land concluded that:

1.     the Applicant had not demonstrated that the use of the land took place as of right

2.     the Applicant had not demonstrated that the area specified in the application was a locality or neighbourhood; and

3.     the Applicant had not demonstrated that if it had been a locality or neighbourhood that the use would have been significant for at least 20 years.

The Committee considered that report and recommendations of the Independent Expert and unanimously

RESOLVED:

That the report of the Independent Expert, Mr Timothy Jones, be accepted and that the application to register the land adjacent to Chelford Road and Black Firs Lane, Somerford as a village green be rejected for the reasons set out in the Independent Expert’s report.