Contact: John Tickle, ext 6000

1. Summary

This report sets out the mechanism by which Hampshire County Council fulfils its legal duties concerning the replacement of Common land lost due to legitimate and authorised works impacting upon Yateley Common Country Park. It provides detailed information on such works and the procedures required of Hampshire County Council in responding to them. It also quantifies the area of replacement Common land available in support of this process.

2. Background

2.1 Inevitably there are a series of legitimate activities, largely related to infrastructure requirements, which can and do have an impact upon the Common. Left unchecked these could result in a gradual erosion of the overall size of Registered Common.

2.2 Accordingly, a legal framework exists that requires local authorities and private landowners to take appropriate actions to ensure that the interests of the Commoners are not adversely affected.

2.3 Such essential works can have a significant impact upon Common land since steps have to be taken to extinguish Common Rights. In a case where Hampshire County Council is the owner of the Common, an Appropriation Order must be secured. Where the County Council is not the owner, a Compulsory Purchase Order is required, even in cases where the owner is not objecting to the scheme.

2.4 In both instances the Secretary of State has to approve the arrangements since the need to provide suitable exchange land as dictated by the provisions of the Acquisition of Land Act 1981. In cases where less than 250 square yards of Common is required or the land is needed for the widening or drainage of an existing highway, the Minister may certify that there is no requirement to provide exchange land. It is important to note that it is the Secretary of State, and not the County Council, who takes the final decision.

2.5 In cases where exchange land has to be offered, it is the responsibility of the Minister to certify that the area available will become part of the Registered Common; that it is not less in area to that being taken; and that it is equally advantageous to those persons whose Rights of Common are being affected. If the Minister is not so satisfied the order will not be approved and the scheme, in that form, could not proceed.

2.6 In order to ensure that the County Council was in a position to fulfil its duties, it acquired an area of land outside, but immediately adjacent to, the heart of the Registered Common. This area (8,795 square metres) is known as the "Land Bank" and was acquired in 1978. The location of the Land Bank is shown in Appendix 1.

2.7 At the last meeting of the Yateley Common Management Sub-Committee, Members requested further information on the history of adjustments relating to the Land Bank and the processes associated with monitoring it.

3. Status of the Land Bank

3.1 The process of making necessary adjustments concerning the Land Bank rests with the County Council's Chief Executive's Department and its Estates Practice. Information contained in this report has been obtained in consultation with both parties.

3.2 The Estates Practice has been auditing the availability of the Land Bank at Cottage Farm since its acquisition in 1978. The suitability of this land as exchange land has never been questioned by the Secretary of State when confirming Appropriation or Compulsory Purchase Orders.

3.3 There have been three highway schemes carried out by Hampshire County Council where land from the Land Bank has been used as exchange land. These can be identified as follows:

a) 1,334 square metres required in the late 1970s for the U249 Dungalls Lane scheme.

b) 390 square metres required in the late 1970s for the A327 Extension (Darby Green to A30 Junction).

c) 1,320 square metres required for the early 1990s improvements to Vigo Lane and Cricket Lane.

Records indicate that Compulsory Purchase Orders were secured for the first two improvements and an Appropriation Order obtained in the last case. There is also a record of a full report to the Yateley Common Management Sub-Committee concerning the improvements at Vigo Lane and Cricket Hill.

3.4 Taking into account the above requirements, 5,751 square metres of replacement Common land remains available at Cottage Farm. This will be used in relation to any future schemes where Yateley Common is affected and exchange land is deemed necessary.

3.5 The Land Bank itself is fenced with clear boundaries and, as it is in the ownership of the County Council, is managed as operational land. No efforts are made to restrict public access or that of Commoners onto the areas now incorporated into the Registered Common.

4. Effects of Other Schemes

4.1 Concern has been raised over a number of other schemes that have taken place in the Yateley area. A particular example is that associated with Pond Farm, Darby Green. It is important to point out that to implement the realignment of the highway, an Appropriation Order was properly secured in which the Secretary of State was satisfied that there was a net gain in the area of land on site returned to Common. As a result there was no necessity to identify any other replacement land.

4.2 Anxiety has also been shown in relation to the construction of the roundabout at the junction of the B3013 and A327, north of Gibraltar Barracks/Minley Lodge. Legal advise indicates that this is a more complex case as the land in question had been dedicated for highway purposes in the 1940s. Subsequently it had, in error, also been registered as Common in 1965. The result of this was that the land in question was one of the very few examples where land was both Common and highway. Based upon its highway status and also the road widening element of the scheme concerned, the Chief Executive concluded that no replacement land was required.

5. Conclusions

5.1 Since the acquisition of the Land Bank, the County Council has followed all proper legal channels when dealing with those situations where exchange Common land has been required in support of authorised works. No records have been found of any works taking place outside these procedures or without the necessary consents. The County Council audits this process in a methodical fashion and the Yateley Common Management Sub-Committee will retain every opportunity to raise concerns relating to any future schemes where it is shown to be necessary to take Registered Common into the highway. In order to ensure that all members of the Sub-Committee are kept fully informed it is also proposed that the area of available replacement land, together with any changes to it, are reported to each meeting of the Sub-Committee.

Recommendations

It is recommended that members of the Yateley Common Management Sub-Committee:

1. Welcome confirmation of the procedures that are in place by which Hampshire County Council fulfils and monitors its legal obligations so far as exchange Common land is concerned.

2. Are regularly updated on the amount of replacement Common land that is retained by the County Council within the Land Bank.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclosure exempt or confidential information as defined in the Act.