Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

7 October 2009

Decision Title:

Application for registration of land at Donkey Derby Field, Hamble-Le-Rice as town or village green

Decision Reference:

983

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 and exercises functions under the Commons Act 2006. One such function is the determination of applications made to register land as town or village green. The Committee in its capacity as Commons Registration Authority is asked to determine an application for registration of land known as `Donkey Derby Field', in Hamble-Le-Rice as town or village green. A non-statutory public inquiry has been held in respect of the application and Ms Lana Wood, barrister was appointed to act as inspector at the inquiry. A report prepared by Ms Wood following the inquiry, recommends that the application be rejected. This Committee is asked to determine the application by rejecting the application in accordance with that recommendation.

2) Legal framework for the decision:

2.1. S.15 COMMONS ACT 2006

Registration of greens:

(1) Any person may apply to the commons registration authority to register land to which this Part applies as a town or village green in a case where subsection (2), (3) or (4) applies.

(2) This subsection applies where -

(a) a significant number of the inhabitants of the locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and

(b) they continue to do so at the time of the application.

3) Recommendation:

3.1. That the application to register `Donkey Derby Field', Hamble-Le-Rice as town or village green be rejected for the reasons set out in the Inspector's report of 27 July 2009.

1) Purpose of report:

1.1. The purpose of this report is to assist the Committee in determining an application to register land in Hamble-Le-Rice parish as town or village green.

2) Applicant: Peter Oulton of 3 Solent Meadows, Hamble, Southampton, SO31 4JH

Landowners: Eastleigh Borough Council of Civic Offices, Leigh Road, Eastleigh, SO50 9YN.

Hamble-Le-Rice Parish Council of Parish Council Office, Memorial Hall, Hamble-Le-Rice manages the land.

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

3.1. Approximately 1.75 acres (0.71 hectares) of land lying to the south of Green Lane and to the east of School Lane in Hamble-Le-Rice and shown edged red on the attached plan.

4) Background to the application:

4.1. In 2007 an application was made to register approximately 1.75 acres (0.71 hectares) of land known as `Donkey Derby Field', Hamble-Le-Rice as town or village green, on the grounds that it had been used by the inhabitants of the locality for lawful sports and pastimes for 20 years prior to 2007. The application was advertised in the usual way and objections to the registration were received, including objections from the owner of the land, Eastleigh Borough Council and from Hamble-Le-Rice Parish Council, which manages the land.

4.2. In June 2008 this Committee approved the holding of a non-statutory public inquiry into the matter. The inquiry was held by an Inspector, Ms Lana Wood, barrister, commencing on 9 March 2009 over 5 days in order that the evidence of witnesses could be tested and advice given as to the proper outcome of the application. The Inspector issued her report on 27 July 2009. A copy of this report is annexed. Full appendices are available from the Rights of Way office Mottisfont Court, on request.

4.3. The recommendation in the report was that the application be refused on two grounds:

i) that there is insufficient evidence of use of the land for lawful sports and pastimes during the period 1987 - 1993; and

ii) that, from 1993, use of the land was not `as of right' because the land had been acquired by Eastleigh Borough Council under its Open Spaces Act 1906 powers and therefore use was enjoyed by the public as a statutory right.

5) Issue to be decided:

5.1. Whether or not to register `Donkey Derby Field', Hamble-Le-Rice as a town or village green in accordance with the Commons Act 2006.

6) Conclusions:

6.1. That the application to register `Donkey Derby Field', Hamble-le-Rice be rejected for the reasons set out in the Inspector's report of 27 July 2009.

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: VG236

Rights of Way Office Room 200

Mottisfont Court

High Street

Winchester