Contact: Dalee Kaur, Senior Solicitor, ext 6605

1 Summary

1.1 This report deals with an application to register land known as the Recreation Ground, Chawton, Alton, Hampshire, as a village green under the Commons Registration (New Land) Regulations 1969 (`the Regulations') made pursuant to section 13 of the Commons Registration Act 1965 (`the 1965 Act').

1.2 The Regulations set out the procedure to be followed in connection with applications to amend the register of the town and village greens maintained by the County Council as registration authority.

1.3 Mr Sasha White of Counsel advises that this application should be registered as village green save for the area of land owned by Scottish and Southern Energy plc ("SSE").

2 Legal Definition

2.1 Section 22(1) of the 1965 Act was amended by the Countryside and Rights of Way Act 2000 (which took effect on 30 January 2001).

2.2 Town and village green means land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality or on which the inhabitants of any locality have customary rights to indulge in lawful sports and pastimes or which falls within section 22(1A).

2.3 Land falls within section 22(1A) if it is land on which for not less than twenty years a significant number of the inhabitants of any locality or of any neighbourhood within a locality have indulged in lawful sports and pastimes as of right and either:-

a) continued to do so, or;

b) have ceased to do so for more than such periods as may be prescribed, or determined in accordance with prescribed provisions.

3 Criteria for registration

3.1 In order for an applicant to establish that land should be registered as a town or village green, the 1965 Act now requires the following to be proved:-

a) A significant number of the inhabitants of any locality, or of any neighbourhood within a locality;

b) Have indulged in lawful sports and pastimes for not less than twenty years;

c) As of right;

d) On the land in question;

e) And either continue to do so, or have ceased to do so for more than such periods as may be prescribed, or determined in accordance with prescribed provisions.

4 Background

4.1 Hampshire County Council received an application from Chawton Parish Council ("the Parish Council") dated 24 March 2002 for registration of the land known as the Recreation Ground, Chawton as village green ("the Land"). The Land is situated to the east of Chawton primary school and to the south of the centre of the village. The application Land is shown edged red at appendix 1.

4.2 The application was accompanied by two deeds. The Parish Council state that the Land was purchased by them on 1 November 1979 for use as "recreational land or an open space for the use of the residents of the parish of Chawton".

4.3 An objection to the application was received by Hampshire County Council by SSE dated 24 September 2002. SSE contend that, by virtue of a conveyance dated 24 March 1995, part of the Land coloured blue at appendix 1 is subject to a lease in favour of Southern Electric plc, which is the predecessor SSE. SSE indicate, however, that they do not have any objection to registration to the remainder of the Land.

4.4 Counsel advised on this matter in writing on the 28 May 2003. A general summary of that advice was that more information would be required from the Parish Council in order to substantiate the application and further clarification from SSE was required as it was not clear whether the area which is subject to the lease had been fenced off from the remainder of the Land.

4.5 The further information received from the Parish Council, in particular 26 evidence questionnaires from local residents together with a letter from SSE dated 19 November 2003, was sent to Counsel to advise. Counsel's advice is dated 15 April 2005 and attached to this report at appendix 2.

5 Counsel's Advice

5.1 Counsel is satisfied that the criteria specified at paragraph 3 of this report has been met, however, he advised the County Council it should not determine the application until further information has been sought from the Parish Council.

5.2 Counsel has advised that the Parish Council should be asked to confirm in writing the following two matters: 1) the exact area of the locality as claimed to be shown on a plan and 2) whether it is willing to have the part of the Land to which SSE object removed from the application. If so, the County Council should register the Land as village green in accordance with the 1965 Act.

6 The Parish Council in letters dated 19 May 2005 and 24 May 2005 has confirmed the exact area of the locality with reference to a plan and their agreement to the removal of that part of the Land to which SSE object from the application.

7 The Documents

All documents relating to the application, including Counsel's opinion dated 28 May 2003 are available to members of the Committee for inspection and consideration on request.

Recommendation

That, subject to the removal of part of the Land to which Scottish and Southern Energy plc object, the Land known as the Recreation Ground, Chawton, Alton in Hampshire be registered as village green.

Section 100D - 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 disclose exempt or confidential information as defined in

the Act

Nil