Agenda item

An Application has been received by Bath and North East Somerset Council in its capacity as Commons Registration Authority (“the Authority”) to register land known as ‘The Track, Kaynton Mead’ in Lower Weston, Bath as a Town or Village Green (“TVG”).  The Application was advertised and an objection was received from Bath and North East Somerset Council’s Property Services department.

An independent expert, Mr Leslie Blohm QC of St John’s Chambers in Bristol (“the Inspector”) was appointed by the Authority to conduct a non-statutory public inquiry and then report with a recommendation in relation to the Application.  The Regulatory (Access) Committee (“the Committee”) is asked to consider the Application and the Inspector’s report and to determine whether ’The Track, Kaynton Mead’ should be registered as TVG.

The Committee is recommended to refuse the Application and not register the land shaded blue, green or red on the plan attached to report (“the Plan”) as a TVG.

The Chair invited Nadine Geary to address the Committee.

In summary Ms Geary spoke in support of the application to register The Track, Kaynton Mead as a Town or Village Green (TVG).  She stated that the established green space was precious to the local community and had been used for recreational purposes for over 20 years and was a haven for wildlife.  Local residents in the community wanted to protect this green space for future generations.

A full copy of the statement from Nadine Geary was available on the Minute book in Democratic Services.

The Chair invited Pam Richards to address the Committee.

In summary Ms Richards spoke in support of the application to register The Track, Kaynton Mead as a Town or Village Green.  She stated that the Inspector had found that a significant number of people in the community had used the land for recreation for 20 years, therefore the legislative test had been met.  The area was also a recognisable community.  The main reason the Inspector recommended non-registration was on the technical distinction between ‘by right’ and ‘as of right’.  The community felt there were compelling reasons to register the land as a village green.

A full copy of the statement from Pam Richards was available on the Minute book in Democratic Services.

The Chair invited the Ward Councillor, Caroline Roberts, to address the Committee.  She passed on apologies from Councillor Loraine Morgan-Brinkhurst the other Ward Councillor.  She spoke in support of the application and confirmed that the land had been used for recreation by the public in the community for over 20 years.  She queried whether the Council could designate the land as a TVG in the future.  The officer stated that this was not a decision that could be taken today but a way forward would be to take up this issue with the Executive Member.

The Committee considered the report which sought determination of an application to register land known as The Track, Kaynton Mead as a Town or Village Green (TVG). 

The Chair invited Graeme Stark (Senior Rights of Way Officer) to present the report.  He stated that the Committee had to consider whether the statutory test had been met in full.

The Chair asked the Legal Adviser for clarification on the 1906 Open Spaces Act in relation to village green applications.  The Legal Adviser explained that by the Open Spaces Act 1906 local authorities were given power to acquire by agreement open spaces and manage such areas in trust for public benefit. It was further explained that if it can be demonstrated by a landowner that such land is held in trust under the 1906 Act that probably gave the public use of the land ‘by right’ rather than ‘as of right’ as required by the 2006 Act.

On a motion from Councillor Tim Warren, seconded by Councillor Mathew Blankley it was unanimously

RESOLVED to refuse the application for The Track, Kaynton Mead and not register the land shaded blue, green or red on the plan as a Town or Village Green, in line with the Inspector’s recommendation.