Issue - meetings

To consider a report on how to proceed with a village green application.

The Committee received a report seeking a decision on how to proceed with a village green application (No. 47) in respect of a field between Birtles Road and Drummond Way, Whirley, Macclesfield.

The application had been submitted in October 2008 and the Council, as landowner, had written in objection to the application making certain legal arguments and producing various licences seeking to demonstrate its objection.  The applicant had been given the opportunity to comment on the Council’s objections.

The applicant had requested that a non-statutory public inquiry be held as the Council was the landowner.  However it was considered appropriate to appoint a suitable qualified independent person to consider the matter on written representations as the objections from the Council (as landowner) were not particularly complex and were in the form of correspondence and licences.

It could be possible that the independent person, having received the documents, recommends that an inquiry is held instead.  In the event of such a request, the Borough Solicitor could be given delegated authority to determine whether this was appropriate after consulting with the Chairman of the Committee.

RESOLVED:

(1)       That the Borough Solicitor be authorised to appoint a suitably qualified independent person to consider the application on the basis of written representations and provide a report.

(2)       That the Borough Solicitor be given delegated authority to determine if a non-statutory public inquiry should take place upon the recommendations of the independent person, after consulting the Chairman of the Committee.