Contact: Liz Ellam, (01962) 847371 [email protected]

1 Summary

1.1 An application has been received to register land as town or village green. The recommendation is that the application be rejected.

2 Introduction

2.1 Members will recall that this application was before the Committee on 19 July 2006 when it was adjourned until the meeting on 6 September 2006 in order that the applicant could consider the further evidence (in the form of a further statutory declaration by Richard Stirling, Farm Manager at Upper Farm, Manydown Company Ltd).

2.2 A copy of the report to Committee on 19 July 2006 is attached as Appendix 1.

2.3 Since 19 July 2006 a letter has been received from the Open Spaces Society, dated 8 August 2006 and this is attached at Appendix 2.

2.4 The applicant had handed in on 19 July 2006 additional letters in support of the application, which were circulated to Members on the day and which are attached to this report as Appendix 3.

2.5 A letter dated 24 August 2006 has been received from the solicitors acting for the objectors and this is attached at Appendix 4.

2.6 This additional information has been sent to Mr Stephen Morgan, the barrister who has been advising the registration authority on this application, with a request that he advise the authority, whether in the light of the additional material, the recommendation as set out in the report to the Committee on
19 July 2006 should change.

2.7 Counsel's advice is expected on 4 September 2006 and will be circulated to Members, the applicant and the objector. Until that advice is received, the recommendation will remain as per the report to the Committee on 19 July 2006.

3. Recommendation

3.1 That the Committee consider the further advice from Mr Stephen Morgan when received, in the light of the original recommendation that the application be rejected.

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

Application and supporting documentation, objections and supporting documentation and supplementary material relating to progress of application - held in Chief Executive's Department