Hampshire County Council

Executive Member, Policy & Resources Item 6

17 February 2005

Revision of County Council Policy Relating to the Vehicular Access over

Registered Common Land and Village Greens

Joint Report by the Director of Property, Business and Regulatory Services

and Chief Executive

1

Summary

1.1

The following decisions are sought:

That,

i)

a revised policy for regularising rights of vehicular access over Council owned Common land and Village Green, as detailed in this report, to be adopted in order to respond to further changes in established law;

ii)

the use of access routes across the Commons and Village Greens, including any intensification of use or changes to the width of the routes, should continue to be monitored and recorded on at least an annual basis to ensure that the terms of any Deeds of Grant are being complied with by the Grantees.

iii)

the Director of Property, Business and Regulatory Services (Head of Estates Practice) be authorised to settle the detailed terms and conditions of each transaction;

iv)

100% of the capital receipts secured in respect of the negotiation of Deeds of Grant should continue to be made available to Recreation and Heritage Committee to be held in an accumulating fund for use in financing the better management of the Commons and Village Greens, and in particular the maintenance and management of access tracks; and

2

Reasons

2.1

To ensure that the County Council's policy accords with changes in the law resulting from the decision of the House of Lords in Bakewell Management Ltd -v- Brandwood & Others in April 2004.

2.2

This decision supports the following Aims of the Corporate Strategy

Aim 5 - Improving services - operation of the revised policy will ensure that the Council continues to provide improved services in accordance with statutory requirements.

3

Other options considered and rejected

3.1

Continued operation of the existing policy which would have conflicted with the legal position post Bakewell

4

Conflicts of interest declared by the decision-maker or other Executive Member consulted

4.1

None

5

Dispensation granted by the Standards Committee

5.1

None

6

Reason(s) for the matter being dealt with if urgent

6.1

Not applicable

Approved by:

..........................

Date of decision:

.........................

Councillor T K Thornber