Agenda and minutes

Commons Registration Committee
Tuesday, 26th November, 2013 6.00 pm

Venue: Lees Suite, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Christine Chester

Items
No.	Item
1.	Election of Chair The Panel is asked to elect a Chair for the duration of the meeting. Minutes: RESOLVED that Councillor Houle be appointed to Chair the meeting.
2.	Apologies For Absence Minutes: There were no apologies for absence received.
3.	Urgent Business Urgent business, if any, introduced by the Chair Minutes: There were no items of urgent business received.
4.	Declarations of Interest To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting. Minutes: There were no declarations of interest received.
5.	Public Question Time To receive Questions from the Public, in accordance with the Council’s Constitution. Minutes: No public questions had been submitted.
6.	Minutes of Previous Meeting PDF 21 KB The Minutes of the meeting of the Commons Registration Committee held on 10^th June 2013 are attached for approval. Minutes: RESOLVED that the minutes of the meeting held on 10^th June 2013 be approved as a correct record.
7.	APPLICATION TO REGISTER A VILLAGE GREEN - DIGGLE VILLAGE GREEN Additional documents: Appendix 1 - Plan , item 7. PDF 128 KB Appendix 2 - Applicant's Statement of Justification , item 7. PDF 1 MB Appendix 3.1 - User Evidence Forms , item 7. PDF 4 MB Appendix 3.2 - User Evidence Forms , item 7. PDF 5 MB Appendix 3.3 - User Evidence Forms , item 7. PDF 7 MB There are a further 13 documents.View the full list of documents for item 7. Minutes: The Committee considered a report of the Borough Solicitor, which set out the recommendations in relation to the application for town green status for land in the centre of Diggle village, lying to the west of Huddersfield Road and bordered by Spurn Lane to the north and west and Moor Crescent to the south. The application had been received on 8^th January 2013 and had been made under section 15(2) of the Commons Act 2006. In accordance with statutory procedures the application had been advertised and one objection had been received. The objection had been from First Choice Homes Ltd (FCHO), as landowner, and details of the objection had been sent to the applicant for his comments or representations. Dr Nick Cox presented the application on behalf of local residents. Mr Rob Smith addressed the Committee on behalf of First Choice Homes. In considering the application Members looked at whether or not the application met all the requirements of section 15(2) of the Commons Act, as outlined in the report, and agreed that the application should be dismissed as the use of the land had been 'by right' rather than 'as of right'. RESOLVED that the application be refused and the land not be registered as a village green for the reason outlined above.