Agenda item

To consider a report of the Director of Resources on the process for dealing with applications for Town and Village Greens.

(Report to follow)

Referring to Minute 60 of the meeting held on 19^th December 2011, the City Solicitor submitted a report on the process for the registration of land as town and village greens.

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

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

-  Joel Levine, Legal Officer, Legal Services

Prior to discussing this item, the Board noted that at the next meeting in February there was an intention to bring a further report on the issue looking at specific case studies.

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

• clarification of the legal fees incurred in relation to three specific applications within the Kirkstall ward and the importance of retaining a clear divide between the Council’s role as Commons Registration Authority for town and village greens and the City Development Directorate’s role as land owner

(The City Solicitor responded and outlined the costs incurred to date)

·  reference was made to the fact that the City Development Directorate was opposing these three applications and clarification was sought as to whether there was any downside in the Directorate withdrawing their objections and allowing the three applications to proceed and for the applicants to present their case to the appropriate plans panel

(The City Solicitor responded and stated that this would be addressed in the joint report coming before the Board in February 2012)

• clarification of the process in relation to objections received from landowners and whether there were any previous examples available

Following discussions, Councillor B Atha requested that the Board invite the Chief Officer and appropriate Executive Board Member for City Development to attend a future meeting to explain why they had rejected this Board’s proposal to submit a late response to Defra based on a submission made by the Open Space Society.

Councillor Atha then proposed that the Board consider approving the following recommendations:-

-  that the City Development Directorate withdraw its opposition to the three specific applications within the Kirkstall ward to allow the residents to make the case or not to the appropriate Plans Panel

-  that it would be unnecessary to engage legal advisers to assist the Plans Panel in considering these three applications when they came before Panel for determination

RESOLVED –

a)  That the contents of the report be noted.

b)  That consideration of the above recommendations be deferred pending submission of a joint report on this issue to its February meeting to include the City Development Directorate’s specific reasons for its opposition to the three specific applications within the Kirkstall ward to enable the Board to take an informed view.

c)  That the joint report include details of other sites where applications are outstanding for Town and Village Green status.

d)  That the joint report outline alternative methods for protecting and preserving green space.

(Councillor J Harper left the meeting at 10.40am during discussions of the above item)

(Councillor B Atha left the meeting at 10.50am during discussions of the above item)