Agenda and minutes

The Panel is asked to elect a Chair for the duration of the meeting.

RESOLVED that Councillor Houle be appointed to Chair the meeting.

There were no apologies for absence received.

Urgent business, if any, introduced by the Chair

There were no items of urgent business received.

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

There were no declarations of interest received.

To receive Questions from the Public, in accordance with the Council’s Constitution.

No public questions had been submitted.

The Minutes of the Commons Registration Committee held on 31^st March 2010 are attached for approval.

RESOLVED that the Minutes of the meeting of the Commons Registration Committee, held on 31^st March 2010, be noted.

NOTE: The minutes could not be approved as a correct record due to the fact that the Committee membership was no longer that of the meeting held in 2010.

The purpose of the meeting is to agree a process for determining an application to register a village green in Diggle in accordance with the statutory procedures.

Consideration was given to a report of the Borough Solicitor which informed Members that on 8^th January 2013 the Council had received an application to register land as a village green at the centre of Diggle village, details of which were outlined in the report.

The application had been made under section 15(2) of the Commons Act 2006, this section applies where a significant number of the inhabitants of the locality have indulged as of right in lawful pastimes on the land for a period of at least 20 years and continued to do so at the time of the application. Members were informed that the onus of proof lay on the applicant who must prove that their case meets all requirements of section 15 (2) on the balance of probabilities.

In accordance with the Regulations the application had been advertised and one objection had been received from FCHO, the landowner, details of which were outlined in the report.

Members were asked to agree a process for determining the application, in accordance with the statutory procedures. Members gave consideration to a proposed procedure for dealing with the application which was detailed in Appendix 1 to the report.

RESOLVED that:

1. The application to register a village green in Diggle be determined by the Commons Registration Committee without a non statutory public inquiry being convened to consider the application.
2. The procedure to determine the application, as detailed in Appendix 1 to the report, be approved.
3. The additional evidence submitted by the objector (First Choice Homes Oldham Limited) to be considered as part of the objection to the application.
4. The application be considered on the basis of the amended plan submitted by the applicant and showing the extent of the land claimed to be a village green as detailed at Appendix 3 to the report.
5. Should, prior to the final determination of the application by the Committee, any legal or procedural issues arise, it be agreed that these be dealt with by the Borough Solicitor under delegated powers.