Agenda item

To consider a report of the Head of Scrutiny and Member Development on the process for the registration of land as town and village greens.

Referring to Minute 69 of the meeting held on 17^th January 2012, the Head of Scrutiny and Member Development submitted a report on the process for the registration of land as town and village greens.

Appended to the report were copies of the following documents for the information/comment of the meeting:-

• The process for the registration of land as town and village greens – Scrutiny Board (Regeneration) – 17^th January 2012 – Report of the City Solicitor (Appendix 1 refers)
• The process for the registration of land as town and village greens – Scrutiny Board (Regeneration) – 28^th February 2012 – Joint report of the City Solicitor and Director of City Development (Appendix 2 refers)

In addition to the above documents, a copy of the Defra Guidance Note on the Management and protection of registered town and village greens – Frequently asked questions (Appendix 1 refers) appertaining to the Joint Report of the City Solicitor and Director of City Development was circulated for the information /comment of the meeting.

The following representatives were in attendance and responded to Members’ queries and comments:-

  -  Catherine Witham, City Solicitor, Legal Services

-  Caroline Allen, Head of Development and Regulatory, Legal Services

-  Christine Addison, Chief Asset Management Officer, City Development

-  Martin Sellens, Head of Planning Services, City Development

-  Councillor R Lewis, Executive Board Member, Development and the Economy

Prior to discussing the Joint Report of the City Solicitor and Director of City Development, the Chair requested the City Solicitor, Legal Services to outline the reasons why the City Development Directorate had refused to release  Counsel’s opinion to the Board on this matter.

The City Solicitor, Legal Services responded and provided the meeting with detailed explanation. She made specific reference to the various conditions arising from the legal framework and confirmed that under the current regulations, the Board did not have statutory right to see this document. She confirmed that in accordance with the Council’s constitution the decision to release the document rests with the Director of City Development in consultation with the Executive Board Member.

In summary, specific reference was made to the following issues:-

• clarification of the appeal process open to the Board on the issue of the release of this document

(The City Solicitor responded and confirmed that ultimately the Board had a right of appeal to the Executive Board)

• the concerns expressed of the ethics in relation to an Executive Board Member or Director holding back relevant information

(The Chief Asset Management Officer responded and outlined the thought process behind the decision not to release the document. She made particular reference to Councillor Atha’s potential conflict of interest and stressed the fact that there was no statutory right for the Board to have access to this document)

• the concerns expressed regarding the legal costs of opposing these three applications currently thought to be at least £10k to date and the  officer time in this regard

The Chair then invited Executive Board Member, Development and the Economy to comment.

He explained that the appropriate Plans Panel Members would require training to deal with applications of this kind which were completely different to the issues usually considered by them. He stated that he would have no objection for Counsel’s opinion being sent to the Chair, on a confidential basis, as the document was very specific to the three applications.

The Chair responded and stated that whilst he welcomed the offer, he would not be comfortable with this ‘confidential’ arrangement.

In summary, specific reference was made to the following issues:-

·  the view that pre-determination was not a bar for Members of the Plans Panel provided Members enter the meeting with an open mind

(The City Solicitor commented on pre determination and briefly explained the position following the expected introduction of the new standards regime in July 2012. She stated that the current requirements regarding the declaration of personal and prejudicial interests continued to apply until the introduction of the new regime pursuant to the Localism Act. She agreed to provide guidance to Elected Members)

• clarification as to whether any senior officer could seek  Counsel’s opinion

(The City Solicitor responded and confirmed that there was nothing in the Constitution to prevent this happening. However, she would expect senior staff to seek advice from legal services on the merits or otherwise of seeking Counsel’s opinion on any matter before committing the Directorate to what could be considerable costs)

The Chair then invited the Chief Asset Management Officer, City Development to comment.

For the benefit of Board Members, she circulated a copy of a report entitled  ‘A Request from Scrutiny Board (Regeneration) for a Late Submission to Defra on its Consultation to Reform the Process of Registration of Land as Town and Village Greens and to Introduce Local Green Space Developments’ which was due to be considered at the Executive Board meeting on 7^th March 2012.

In summary, specific reference was made to the following issues:-

• clarification of the submissions made by the Council to Defra’s consultation

(The Head of Development and Regulatory responded and informed the meeting that two officer submissions were made to Defra during the consultation period. Separate representations were submitted by the Council as registration authority and as land owner in consultation with Property Services)

• a view that the Council should formulate a single approach to this issue so Members could more easily advise their constituents

The Chief Asset Management Officer, City Development briefly explained the process for dealing with applications which included the sifting of applications to pick out those applications for Town and Village Green Status which clearly do not meet the necessary criteria. 

The Chair then invited Head of Planning Services, City Development to comment.

He outlined the current protection given to the three sites through the adopted UDP designations and other possible measures coming forward to give added protection to green spaces rather than designation as a town or village green.  Reference was also made to the fact that the Council's Core Strategy had been published as at today's date. 

In concluding, the Chair invited Executive Board Member, Development and the Economy to sum up.

He acknowledged the complexity of the issue and was keen to make progress on this issue. He thanked the Board for their deliberations in this matter.

RESOLVED –

a)  That the contents of the report and appendices be noted.

b)  To note that the City Solicitor had agreed to provide an independent and objective opinion of the potential benefits and dis-benefits of the registration of village greens and to provide a written note as appropriate to the parties concerned.

(Councillor M Iqbal left the meeting at 12.20pm during discussions of the above item)

(Councillor G Wilkinson left the meeting at 12.30pm during discussions of the above item)