Agenda item

Report by the Chief Legal Officer and Head of Law & Governance (PN11).

An application was made by Mr Robert Stewart for registration of land at Humpty Hill, Highworth Road, Faringdon in Oxfordshire as a new town or village green under the Commons Act 2006. The landowner objected to this application and a public inquiry was held. The Council is the Commons Registration Authority and the Planning & Regulation Committee has delegated authority to determine such applications.

The matter was originally referred to the October meeting of the Planning & Regulation Committee (see minute 60/15 of Item PN3 of this agenda) but as a last minute submission was received from the objectors, which it was felt needed to be referred to the Inspector for an opinion, it was deferred.

The Inspector's report and officer's recommendation are therefore set out and the Committee is therefore requested to determine the application.

Having received the Opinion of the Inspector set out in Annexes 2 and 5 to this report, the Committee is RECOMMENDED to APPROVE the application for registration as a new Town or Village Green that plot of land known as Humpty Hill, Highworth Road, Faringdon in Oxfordshire that site being indicated clearly on the map included in the application submitted by Mr Robert Stewart on 19 April 2013.

The Committee considered (PN11) an application made by Mr Robert Stewart for registration of land at Humpty Hill, Highworth Road, Faringdon in Oxfordshire as a new town or village green under the Commons Act 2006. An objection had been received from the landowner and a public inquiry had been held. The Council was the Commons Registration Authority and the Planning & Regulation Committee had delegated authority to determine such applications.

The matter had been deferred at the October meeting of the Planning & Regulation Committee to enable the Inspector to consider a last minute submission received from the objectors.

Mr Goodlad presented the report and referred to further submissions from the objectors received after publication of the latest report. Responding to questions from members he confirmed that the latest submissions did not challenge new parts of the Inspector’s decision from the earlier submissions. Law & Governance had reviewed the latest submissions as far as possible in the time available and were satisfied that they did not raise points which made the Inspector’s recommendation unreliable.  As such the recommendation was to register and the landowner could, if they thought there were grounds to do so, challenge that decision in the High Court. He confirmed that if the case went to the High Court then there was the risk that costs could be awarded against the Council if the case was lost.

Councillor Heathcoat speaking as local member advised that she had resided in the area for 37 years and represented Faringdon town as a Town Councillor, District Councillor and since 1997 as County Councillor.  She knew the area well and had walked her dog twice daily in the field that had become known locally as Humpty Hill. She also advised that she knew the people who had been named in the report with regard to the application to register this land as a town or village green, the users of the field and the land owners. She confirmed that the land had most definitely been used on two separate occasions for cattle, hay baling when local children would play. No arable crops had been planted in the area. She referred to the “speculative” planning application by Gladman Development Ltd which had been rejected by the Faringdon Town Council Planning and Highways Committee and also by the Vale White Horse Planning and Development Committee following which a subsequent appeal against that refusal had been dismissed by the Secretary of State.  She confirmed that recreational activities had taken place in this field from the locals who lived on this side of Faringdon town.

Councillor Johnston considered the case had been made and he duly moved, Councillor Tanner seconding, that the officer recommendation be approved. The motion was then put to the Committee and -

RESOLVED:(by 10 votes to 0) that having received the Opinion of the Inspector set out in Annexes 2 and 5 to this report, the Committee is RECOMMENDED to APPROVE the application for registration as a new Town or Village Green that plot of land known as Humpty Hill, Highworth Road, Faringdon in Oxfordshire that site being indicated clearly on the map included in the application submitted by Mr Robert Stewart on 19 April 2013.