Contact Officer: Richard Goodlad, Solicitor Tel: (01865) 815612
ITEM PN15
PLANNING & REGULATION COMMITTEE – 21 JULY 2008
COMMONS ACT 2006: IN THE MATTER OF AN APPLICATION TO REGISTER THE MILLENnIUM VILLAGE GREEN, LETCOMBE REGIS IN OXFORDSHIRE AS A TOWN OR VILLAGE GREEN
Report by the County Solicitor and Head of Legal & Democratic Services
Introduction
1. On 15 April 2008, an application to register a Town or Village Green at the Millennium Village Green (also known as the Old School Playing Field) (“the Green”), Letcombe Regis, Wantage in Oxfordshire was received. The County Council is the Registration Authority appointed under the Commons Act 2006 to register Commons and Town or Village Greens. This application at Annex 1 (download as .pdf file) was submitted formally in pursuance of the Act and has now to be determined by the County Council.
2. The Planning & Regulation Committee have delegated powers to determine such applications.
The Millennium Green
3. The Millennium Green is a parcel of land comprising approximately 0.30 hectare (0.74 acres) and was previously the playing field to the former Letcombe Regis Church of England Primary School. The school was closed in 1997 and the site of the former school, adjoining the Green, was sold by the former school’s trustees in 2007.
4. The Green was subsequently sold by the Council to Letcombe Regis Parish Council later in 2007 and registered under title number ON271861. The transfer to the Parish Council contained covenants restricting the use of the land to playing field, paddock or open amenity land available for use by the public.
The Town Or Village Green Application
5. The Commons Act 2006 introduced a new power under section 15(8) for a landowner voluntarily to register its own land as a town or village green, which is what the Letcombe Regis Parish Council is seeking to do in this case.
6. The Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, paragraph 7 provides that, where certain conditions are satisfied, the registration authority must register the land. There is no discretion to refuse in such circumstances.
7. The circumstances to be met are that the applicant is the owner of the land and that consent is obtained from every relevant proprietor of a lease or legal charge in respect of the land.
8. The County Solicitor has received evidence to his satisfaction that both of these circumstances are met.
RECOMMENDATION
9. The Committee is RECOMMENDED to APPROVE the application for registration as a new town or village green pursuant to the Commons Act 2006 of the Millennium Village Green, Letcombe Regis as described in the application by Mrs Wendy Robinson dated 15 April 2008 pursuant to section 15(8) Commons Act 2006.
PETER CLARK County Solicitor and Head of Legal & Democratic Services
Background papers: Land Registry entries to title number ON271861
July 2008
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