Agenda and draft minutes

Venue: Committee Room 'D' - The Henry Bolingbroke Room, County Hall, Preston. View directions

Contact: Josh Mynott  01772 534580 Email: josh.mynott@lancashire.gov.uk

Items
No. Item

6.

Apologies

Minutes:

Apologies were received from County Councillor Steen. It was confirmed that the meeting was quorate.

 

7.

Disclosure of Pecuniary and Non-Pecuniary Interests

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

Minutes:

None were disclosed. 

 

8.

Minutes of the meeting held on 19 March 2013 pdf icon PDF 28 KB

Minutes:

Resolved: That the minutes of the meeting held on 19 March 2013 be confirmed

 

9.

Commons Act 2006
The Commons Registration (England) Regulations 2008
Determination of a Village Green Application Ref No VG105 relating to land at Bradley Lane Pond Field, Eccleston pdf icon PDF 111 KB

Additional documents:

Minutes:

The Sub Committee considered the report and officer recommendation and its legal officer addressed sections 15(1), 15(2) and 15(3), the burden and standard of proof and the 'Advice' section of the report including the evidence for the Applicant and the Objector and the application of the law to the facts.

 

The Sub Committee noted that the burden of proof is on an applicant for land to be registered as a Town or Village Green and that all elements must be established by the Applicant; if one element failed, the Application would fail. It was also noted that the Application must be proved on the balance of probabilities and that the Court of Appeal has said that it is "no trivial matter" for land to be registered as a Town or Village Green and that an application must be "properly and strictly proved".

 

The Sub Committee considered each element of the common requirements in subsection 15(2) and 15(3) namely, the 'land', the 'use for lawful sports and pastimes',  the 'use by a significant number of the inhabitants of any locality or of any neighbourhood within a locality', the 'use for not less than 20 years' and 'use as of right'.

 

Having considered all of the evidence put before the Hearing, both orally and in writing and the Objector's written closing submission, and taking into account the weight properly attributable to such evidence, and the burden and standard of proof which was applicable, the Sub Committee concluded that the Applicant had failed to establish all those elements on the following grounds:

 

(a)  That the use of the Land for lawful sports and pastimes has not been carried out by a significant number of the inhabitant of the Parish of Eccleston;

 

(b)  That the use of the Land for lawful sports and pastimes has not taken place throughout the relevant 20 year period under subsection 15(2) and 15(3);

 

(c)  That the majority of the use of the Land has not been as of right.

 

A Notice to this effect would be published (copy attached to these minutes)

 

Resolved: That the Land described in the Application as 'Bradley Lane Pond Field' situated to the north of Bradley Lane, Eccleston, Chorley should not be added to the Register of Town and Village Greens.