Agenda item

To consider how to proceed with a village green application in respect of land north of Cresswellshawe Road, Alsager, which is commonly referred to as ‘Wood Park’

The Committee received a report seeking a decision on how to proceed with a village green application in respect of land to the north of Cresswellshawe Road, Alsager – commonly referred to a Wood Park.

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 18 September 2012 by Andrew Barnard of 15 Cresswellshawe Road, Alsager.  The application was supported by 22 supporting witness statements.  The notice of application was advertised on 28 February 2013 after which a consultation exercise was carried out with an end date of 31 May 2013, which was extended at the request of Cheshire East Council as landowner to 12 July 2013.  A response was received from Alsager Town Council expressing support otherwise there were no further comments either in support or against the application.  However on 15 July 2013 the Council as landowner confirmed that it supported 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 landowner 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.  The deadline for submission of comments was 15 December 2014.  The Council as landowner 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. 

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 16 December 2014 inviting them to submit any comments on the Council landowner’s objections by 16 January 2015. The applicant expressed his individual concerns around 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 that they struggled to understand how any application by a member of the public would stand the tests of ‘neighbourhood’ and ‘as of right’.  It was also advised that they would consult with the supporters of the application.  Nothing further had been received from the applicant.

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.