Decision details

Application for a Declaration of Entitlement to be recorded in respect of some of the Rights of Common being grazing rights registered as attached to land at Upper Brow Top, Quernmore, Lancaster, being entry 1 in the Rights Section of Register Unit C

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Decisions:

A report was presented providing details of an application from John Metcalfe for a Declaration of Entitlement to record the rights to graze 22 sheep on Common Land Register Unit CL146.

 

The Applicant had provided copies of title numbers LA632174 and LA607683, which showed that part of the farm, as shown on the supplemental map and plans contained in the agenda papers, was owned by the applicant.  It had been calculated that this land was 15.98% of Upper Brow Top Farm on the supplemental map and that this equated to the right to graze 22.37 sheep.  The Committee noted that, mathematically, this produced a fractional quantity but, following guidance from DEFRA, it was advised that a right to graze a fractional animal was not recognised in law, and the fractional right was rounded down. The Applicant  had been made aware of this.

 

Jane Turner informed the Committee that this would be the last application of its' kind to come to Committee as these decisions had now been delegated.

 

Resolved: 

 

That the application be accepted and a Declaration of Entitlement be recorded in the Commons Register, in accordance with The Commons Registration (England) Regulations 2014, that Mr John Metcalfe is entitled to exercise part of the right attached to Upper Brow Top, Quernmore, Lancaster, namely the right to graze 22 sheep over the whole of CL146.

Contact: Amy Rose Email: amy.rose@lancashire.gov.uk Tel: 01772 535604.

Report author: Amy Rose

Date of decision: 26/07/2017

Decided at meeting: 26/07/2017 - Regulatory Committee

Accompanying Documents: