Agenda item

To receive and consider the attached report of the Chief Planning Officer and Head of Legal Service regarding an application to Application to Register Land at Sunnybank Lane Recreation Ground, Sunnybank Lane, Thornbury, Bradford, Bd3 7dg as a Town or Village Green under the provisions of Section 15(1) of the Commons Act 2006.

The report of the Chief Planning Officer and Head of Legal Service presented an application to register land at Sunnybank Lane Recreation Ground, Sunnybank Lane, Thornbury, Bradford, BD3 7DG as a town or village green under the provisions of Section 51(1) of the Commons Act 2006.

Photographs and slides were shown throughout the presentation, and the Head of Legal Services provided the following information:

·  The Council as Commons Registration Authority (CRA) is legally obliged to consider such applications. In this case, the Head of Legal Service is presenting the application on behalf of the CRA and a separate Legal Officer advising the Panel.

·  The Application has been submitted to the Council by Mr Kalvinder Malik for the registration of land identified by the Applicant to be Sunnybank Lane Recreation Ground, Sunnybank Lane, Thornbury, Bradford, BD3 7DG as a Town or Village Green under provisions of Section 15(1) and 15(2) of the Commons Act 2006.

·  Background context on Village Greens were provided.

·  It was noted that any person can register land as long as they meet the tests of the Commons Act 2006.

·  Despite the Bradford postal address given for the Application Land, it lies within the Metropolitan District of Leeds, and therefore the administrative area of the Council. Bradford Metropolitan District Council are the landowner.

·  The Applicant has submitted photographic evidence and questionnaires to support the use of land as being in accordance with the necessary legal tests which must be met for registration.

·  The Application must satisfy each element of the statutory test provided for under Section 15(2) of the Commons Act 2006. The test is whether a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and b) they continue to do so at the time of the Application.

·  The site is well maintained and overgrown in some areas, but it is very much an open space.

·  Bradford Metropolitan District Council have objected to the Application. There are two main plans to their objection. Firstly, they believe that the Application is flawed and the statutory tests are not met.  In addition, Bradford Metropolitan District Council believes that the Application is defeated by the doctrine of statutory incompatibility.

·  The Council is now legally obliged to determine the Application and go through the relevant procedure. It is for the purposes of determining the procedure that should be followed that the matter is brought to the meeting of the Plans Panel.

·  The recommendations as set out in the submitted report were outlined. Officers are seeking approval on the procedural steps to be followed in order to determine the Application.

A question was raised regarding whether this approach was similar to other Village Green applications previously received and determined by the Council. In response, it was confirmed that an independent Inspector has been appointed before to independently consider the evidence and determine applications.  Where this Application differs, is in the question of whether or not this should be determined on the papers or at a Public Inquiry. Here there may be a possibility to submit and determine on the basis of written representations due to a lot of the evidence being document based. It is considered appropriate to appoint an Independent Inspector to consider whether a Public Inquiry or non-statutory Written Procedure should be initiated.

It was further confirmed that it is a legal right for anybody in the country to apply for registration of land as a Town or Village Green. These have to be administered and considered by the Council as CRA as part of its statutory functions.  Costs cannot be recovered.  Costs may be escalated if there is a Public Inquiry and /or legal challenge, therefore, it is important to get the procedural steps right.

Upon voting, a motion was put forward to move the officer recommendations. This was moved and seconded, and therefore it was

RESOLVED – To:

a)  Consider relevant issues outlined in the report and agree the appointment of an Independent Inspector by the City Solicitor to undertake a review of the evidence and confirm whether a Public Inquiry or non-statutory Written Representation procedure should be initiated to progress the Application further.

b)  Delegate authority to the Chief Planning Officer to proceed with the recommendations of the Inspector on whether a non-statutory Public Inquiry or Written Representation is adopted for the Application.

c)  Note and agree that subject to the Application proceeding by way of Public Inquiry or Written Representation, for the Independent Inspector to undertake an examination of the evidence submitted by the parties concerned and prepare a report in relation to his/her findings for consideration at a future meeting of this Plans Panel.