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

1 Summary

1.1 An application made by James Weeks of 8 Stockers Avenue, Winchester and 16 others was received on 19 January 2005 to register land known as "The Triangle" at the junction of Stockers Avenue and Westley Close, Winchester as shown edged red on the attached plan (appendix 1) as town or village green. The landowner, Ronald Moody, objects to the application. The recommendation is that a non-statutory public inquiry be held.

2 Introduction

2.1 The application was considered to be duly made and was advertised in accordance with the Commons Registration (New Land) Regulations 1969.

2.2 This resulted in letters of objection being received from Ronald Moody the owner of the majority of the land and also from solicitors acting for Linden Homes Southern Limited, who were initially concerned that they may also own a part of the application land, although it is almost certain they do not.

2.3 The letters of objection were sent to Mr Weeks for comment and once a response had been received Vivian Chapman of Counsel was instructed to advise in connection with the application.

3 Legal Advice

3.1 His advice dated 12 September 2006 (attached as appendix 2) concluded by saying "In my opinion, the best and fairest way forward is for the registration authority to hold a non statutory public inquiry and to prepare a report and recommendation to the registration authority".

3.2 A copy of Counsel's advice was sent to all the applicants and objectors. There were four responses.

3.3 In the light of the responses from Mr Weeks and those representing Mr Moody which were that neither saw the need for there to be a public inquiry, Counsel's further advice was sought and his advice dated 23 January 2007 (attached at appendix 3) concludes "the registration authority cannot summarily accede to or reject this application on paper consideration only. I think that fairness to both parties (and the public interest is reaching a correct conclusion on a matter which affects local people generally as well as the landowner) requires that the registration authority should arrange a public inquiry to hear and test the evidence for and against the application."

4. Recommendation

That in connection with the application to register "The Triangle" at the junction of Stockers Avenue and Westley Close, Winchester as town or village green a non-statutory public inquiry be held, an inspector being appointed in respect of the same, the inspector then to prepare a written report for the registration authority, with a recommendation to accede to or reject the application.

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/representations and supporting documentation and supplementary material relating to progress of application - held in Chief Executive's Department