Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

12 February 2009

Decision Title:

Application for registration of land at Mengham Park, Hayling Island as town or village green

Decision Reference:

Report From:

Director of Recreation and Heritage

Contact name:

Alex Lewis

Tel:

01962-846044

Email:

[email protected]

EXECUTIVE SUMMARY

1) Summary of decision area:

1.1. Hampshire County Council is Commons Registration Authority for the purpose of exercising functions under the Commons Act 2006. An application has been made by Havant Borough Council for the voluntary registration of land at Hayling Island as a town or village green. The Registration Authority is required to grant the application if certain conditions are met. Those conditions appear to be met and so members are invited to approve the application for registration.

2) Legal framework for the decision:

2.1. S.15 COMMONS REGISTRATION ACT 2006

Registration of greens:

s.15(8) The owner of any land may apply to the commons Registration authority to register the land as a town or village green.

s.15(9) An application under subsection (8) may only be made with the consent of any relevant leaseholder of, and the proprietor of any charge over, the land

2.2 THE COMMONS (REGISTRATION OF TOWN OR VILLAGE GREENS) (INTERIM ARRANGEMENTS) (ENGLAND AND WALES) REGULATIONS 2007

Procedure in relation to applications to which section 15(8) of the 2006 Act applies

7. Where an application is made under section 15(8) of the 2006 Act to register land as a town or village green, the registration authority must grant it provided it is satisfied that -

(a) the applicant is the owner of the land; and

(b) any consents which are required by section 15(9) of the 2006 Act have been obtained

3) Recommendation:

3.1. That the application to register voluntarily land shown edged red on the attached plan as a town or village green be granted.

1) Purpose of report:

1.1. The purpose of this report is to seek the granting of the application to register the land shown edged red on the plan annexed, known as land at Mengham Park, Hayling Island, as town or village green (`the Red Land').

2) Applicant: Havant Borough Council, Civic Offices, Havant PO9 2AX

3) Landowners: The Council of the Borough of Havant, with title absolute under title number SH27870.

4) Description of the land (please refer to the map attached to this report):

4.1. The Red Land consists of approximately 5.39 acres (2.18 hectares) of land in Mengham Park, Hayling Island, having frontages to St. Andrews Road, Norman Road and Rails Lane and being part of a recreation ground. The Red Land is shown edged red on the plan annexed to this report and is part of the land comprised in title number SH27870.

5) Background to the application:

5.1. In 1999 an application was made to register approximately 6.55 acres (2.65 hectares) of land at Mengham Park as town or village green. This application affected the Red Land and other, adjacent, land. The application was advertised in the usual way and objections to the registration were received, including one from the owner of the land, Havant Borough Council.

5.2. In 2000 the Rights of Way Panel approved the holding of a public inquiry into the matter, but this was deferred, with this Committee's approval, pending the outcome of a decision from the House of Lords in the case of R (on the application of Beresford) v Sunderland City Council. Directions were eventually given for the holding of a non-statutory public inquiry, but this was cancelled when, in the interim, Havant Borough Council withdrew its earlier objection and agreed to register the majority of the land voluntarily. It is the voluntary application which is the subject of this report: the earlier application will remain to be disposed of, if not withdrawn, in so far as it relates to land outside the Red Land.

5.3. Counsel's advice has been taken as to the way to proceed If this voluntary application is granted. The Registration Authority will contact the applicants to ascertain whether they wish to pursue the earlier application in so far as it relates to land outside the Red Land. If they do not, it can be withdrawn. If they do, it will be the subject of a further report to this Committee.

6) Issue to be decided:

6.1. Members are asked to agree to the registration of the Red Land as town or village green. As it is a voluntary registration, the Registration Authority is required to grant the application and register the land, provided that the consent of any relevant lessee or mortgagee is first obtained. As there are, in fact, no lessees or mortgagees of the Red Land this requirement is fulfilled and the obligation to grant the application and register the red land as town or village green arises.

7) Conclusions:

7.1. That the application to register voluntarily the Red Land as town or village green be granted.

Links to the Corporate Strategy

Yes

No

Hampshire safer and more secure for all

Maximising well-being

Enhancing our quality of place

OR

This proposal does not link to the Corporate Strategy but, nevertheless, requires a decision because the County Council, in its capacity as Commons Registration authority has a legal duty to amend the register of towns and village greens in the circumstances described in this report.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

(NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.)

(Quote list of documents here: e.g. list the relevant letters, memos, etc. and their location)

Document

Location

Files: VG211 and VG 242

Rights of Way Office Room 200

Mottisfont Court

High Street

Winchester