Item 2

MINUTES of a MEETING OF THE YATELEY COMMON MANAGEMENT COMMITTEE held in the Rose Rent Room, The Tythings, Reading Road, Yateley on 13 October, 2004.

PRESENT:

Hampshire County Council

Councillors: A.P. Collett; J.K. Glen

Yateley Town Council

Councillors: R. Harward (Chairman); D.T. Benham; Mrs R. Jenkins and D. Murr

Observer

Mr P.J. Tipton

61 DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed. Any declaration to be made at the time of the debate. There were no declarations of interest.

62 MINUTES

The Minutes of the meeting held on 24 June, 2004 were agreed as a correct record and signed by the Chairman.

Arising thereon:

Mr Allen clarified the situation regarding the Rights of Way review and advised that the review was being conducted in two areas, East and West.

63 CHAIRMAN'S COMMUNICATIONS

None.

64 DEPUTATIONS

None.

65 YATELEY COMMON SITE MANAGER'S REPORT JUNE TO SEPTEMBER 2004

The Committee considered the report of the Site Manager (Item 5 in the Minute Book) outlining work undertaken since the last meeting.

The amount of fly-tipping had decreased over the last few months. Communications with the local police had been strengthened, with closer contact in an effort to improve intelligence gathering in order to deal more effectively with motor cyclists misusing the Common.

Members supported the suggestion that a positive alternative site in the vicinity be made available for motor-cyclists, although it was recognised that unlawful users would be unlikely to make use of such a facility.

The delay in producing signs on the Common had given the opportunity for fresh designs. An example was shown to Members.

The Rights of Way revisions were nearing completion and would shortly be publicised. Should no objections be received the final proposals could be displayed on site during November.

The number of school visits to the Common had increased to almost 700, and voluntary efforts had continued with Berkshire volunteers and the Yateley Society.

Quotes had been sought from contractors for track re-grading, but funding was not available due to a House of Lords ruling regarding commons access.

The Heathlands Fun Day had been held but had suffered from lack of publicity.

Endorsement was sought for the application of a tree-felling licence for areas of woodland over the next five years. The areas were identified to Members, who supported the proposals, which were to preserve the character of the Common and enhance its ecological value. The importance of managing the Common in this way, thus retaining bird life, including the Dartford Warbler, had been given due weight in the Cobbetts Lane Inquiry decision.

Part of the £6,800 scrub clearance costs would be recouped by the sale of chippings, for which a machine had been purchased.

Members attention was drawn to a request for the disposal of a small parcel of land adjacent to the Flats, but outside the registered common, which a resident wished to purchase to enlarge his garden.

Members preferred the negotiation of a garden licence, which would safeguard the integrity of the land into the future.



RESOLVED:

(i) That the report be noted.


(ii) That the application for a felling licence for areas of woodland, over the next five years as reported to the meeting, be endorsed.


(iii) That a garden licence be granted to a resident of "The Flats", as reported to the meeting, be endorsed.


The Winter Work Programme 2004/05 was noted.

66 EXCLUSION OF THE PRESS AND PUBLIC

RESOLVED:

That, by virtue of paragraph 12 of Part 1 of Schedule 12A of the Local Government Act 1972, the press and public be excluded from the meeting.

67 138 ACRES AT BLACKBUSHE AIRFIELD, SECTION 52 OF THE TOWN AND COUNTRY PLANNING ACT 1971

The Committee considered the confidential report of the Chief Executive regarding 138 acres at Blackbushe Airfield.

(Summary of a Minute which contains confidential information)

THE FOLLOWING ITEM WAS DEALT WITH CONFIDENTIALLY AND THE PRESS AND PUBLIC WERE NOT ENTITLED TO BE PRESENT
(CONFIDENTIAL)

68 138 ACRES AT BLACKBUSHE AIRFIELD, SECTION 52 OF THE TOWN AND COUNTRY PLANNING ACT 1971

The Committee considered the confidential report of the Chief Executive regarding 138 acres at Blackbushe Airfield (Item 7 in the Minute Book).

The report summarised certain provisions of the Section 52 Agreement and recommended a way forward for clarifying and achieving the Committee's objectives in relation to the land which is the subject of the Agreement.

A synopsis of events attempting to give effect to the Section 52 Agreement was presented by the Chief Executive.

Members were advised that the law in this area had changed and that the Town and Country Planning Act 1990 had superseded the 1971 Act.

Members were advised that two matters appeared to be outstanding. Firstly the obligations to break up and remove the material used in the construction of the runways and secondly the agreement to grant a lease of the 138 acres. In this regard there was uncertainty, as to whether an agreement to grant a lease was in fact a planning obligation, or whether it was simply a contract between the parties. If the latter, then it should have been enforced within 12 years.

Whilst it was understood that BCA Limited had agreed to waive this 12 year period, it was not known whether this was legally possible and hence the agreement to grant a lease could be unenforceable.

Another issue was that he management of the 138 acres had never been resolved in the past due to funding issues.

Members debated the options open to the County Council and Hart District Council and concluded that under the circumstances, it was appropriate that Counsel's opinion be sought, to clarify the legal issues. It would then be possible to further consider what action should be taken to secure the 138 acres for public use. Further legal advice would be tendered at the next meeting.

RESOLVED:

(i) That Counsel's opinion be sought;


(ii) That funding for this be sought from the Recreation and Heritage Department's budget; and


(iii) That options for management or the 138 acres be explored with the Recreation and Heritage Department.

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