Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

11 March 2009

Decision Title:

Application for voluntary registration of land at Thruxton as town or village green

Decision Reference:

607

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 the Commons Registration Authority for the purpose of exercising functions under the Commons Act 2006. An application has been made by Thruxton Parish Council for the voluntary registration of land in the parish 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 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 Thruxton Village Green, as town or village green.

2) Applicant: Thruxton Parish Council, c/o The Clerk, Tanglewood, Stanbury Road, Thruxton, SP11 8NP

3) Landowners: Thruxton Parish Council, under the terms of a conveyance (`the Conveyance') dated 14th August 1978 and made between the Winchester Diocesan Board of Finance and the Parish Council.

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

4.1. The land is shown edged red on the plan annexed to this report. It has a frontage to Stanbury Road in Thruxton and consists of approximately 1.09 acres (0.44 hectares). It is currently in use as a `village green'

5) Issue to be decided:

5.1 Members are asked to agree to the registration of the 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 land this requirement is fulfilled and the obligation to grant the application and register the land as town or village green arises.

6.2 The Conveyance requires the land to be used only as a public open space and prohibits the erection of swings and similar play equipment, and the carrying out on the land of anything which is a nuisance or annoyance to the Minister conducting services in the Parish Church or the Churchyard. The owners of the covenant (the present incumbent) have been advised of the application and have advised that, although they have no particular view of the proposal, they do expect the covenants to be adhered to. The Parish Council appears to have taken legal advice as to its position, and is content to continue with the application. Any potential breach of covenant is a matter between those with the benefit of the covenants and the parish Council: it would not appear to affect the Registration Authority's obligation to register the land in accordance with the application.

7) Conclusions:

7.2 That the application to register voluntarily the 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: VG245

Rights of Way Office Room 200

Mottisfont Court

High Street

Winchester