Meeting documents

39 EMERGENCY EVACUATION PROCEDURE

The Democratic Services Officer drew attention to the emergency evacuation procedure as set out on the Agenda.

40 ELECTION OF VICE-CHAIR(PERSON) (IF DESIRED)

RESOLVED that a Vice-Chair(person) was not required on this occasion.

41 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

There were none.

42 DECLARATIONS OF INTEREST

There were none.

43 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

There was none.

44 ITEMS FROM THE PUBLIC - TO RECEIVE DEPUTATIONS, STATEMENTS, PETITIONS OR QUESTIONS

The Committee noted that there were two members of the public who wished to make statements and that they would be able to do so when reaching those items on agenda items 9 and 10.

45 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

The Chair informed the meeting that Councillors Adrian Inker and Alan Hale (both Keynsham South Ward Councillors) would address the Committee before agenda item 9.

46 MINUTES: TUESDAY 8^TH JANUARY 2008

It was RESOLVED that the minutes of the meeting on Tuesday 8^th January 2008 be confirmed as a correct record and signed by the Chair.

47 APPLICATION TO REGISTER LAND AT "THE REC", HAWTHORNS LANE, KEYNSHAM AS TOWN OR VILLAGE GREEN (Report 9)

The Chair invited Mrs Sue Cron to address the Committee.

Mrs Cron read out her statement in which she asked the Committee for two assurances: a) that what remains of The Rec would be protected by the Council for public use; b) that the correct statutory process would be used if the land was no longer used by the public and was appropriated to another use. She also asked the Committee to consider recommending voluntary registration of The Rec, thus protecting it for the purpose for which it was intended - the pursuit of lawful sports and pastimes.

A full copy of the statement from Mrs Sue Cron is available on the minute book in Democratic services.

The Chair invited Councillors Adrian Inker and Alan Hale to address the Committee.

Councillor Adrian Inker asked the Committee to acknowledge the commitment that Mrs Cron gave in respect of this matter. He also said that he was giving his full support to the points raised by Mrs Cron and he urged this Committee to consider recommending voluntary registration of The Rec.

Councillor Alan Hale also supported points raised by Mrs Cron. He also said that since he moved to Keynsham in 1957, The Rec was always used by local people and children for lawful sports and pastimes. The area was always safe and he also urged the Committee to consider recommending voluntary registration of The Rec.

The Public Rights of Way Team Leader introduced the report by saying that the independent inspector identified a legal test for this land. The independent Inspector concluded that the applicant, whilst satisfying most of the necessary tests, had failed to demonstrate that use of the land has been "as of right" and thus that the application should be refused. In view of the Inspector's conclusion that The Rec was incapable of registration as a Village Green, the officer's conclusion was that the Council as the Registration Authority should accept the Inspectors conclusions and refuse the application for the reasons set out in his report.

The Senior Legal Adviser advised Members that it was not for the Committee to make a decision on voluntary registration for this site today as there was a statutory process governing such registration which had not been followed. Further, as the application to register land at The Rec was received on 9^th September 2004 (with the amendments to the application made on 10^th March 2005) it fell to be determined according to the law in force at the time of the application (under the Commons Registration Act 1965 as amended by the Countryside and Rights of Way Act 2000) and was not to be determined under the Commons Act 2006 which gave rise to the possibility under section 15(8) to register land as Town or Village Green voluntarily. The Senior Legal Adviser also said that The Rec was held by the Council under a statutory trust for recreational purposes and if the Committee overturn the officer's recommendation and went against the conclusion of the inspector to refuse this application, the Council could be acting unlawfully and may be open to judicial review. This was because The Rec was incapable of registration as a Town or Village Green as it was used `by right' under the trust rather than `as of right.'

Councillors Tim Warren and Stephen Willcox expressed their regrets that this Committee had little choice in decision on this application but to refuse it, even though the land was identified as public space for recreation. They also suggested that this Committee should send a message to the property services (on behalf of the Council as statutory trust holder of this land) to look at the possibility for voluntary registration of The Rec.

Councillor Nicholas Coombes agreed with Councillors Warren and Willcox that the Committee should agree with the officer's recommendation and refuse this application. However, Councillor Coombes also said that this matter should be left for the Ward Councillors to look together with the planning services on inclusion of the land in the Local Plan and that he would not support involvement of support services in this matter.

It was moved by Councillor Tim Warren, seconded by Councillor Stephen Willcox, and RESOLVED to support the officer's recommendation to accept the conclusions made by the independent inspector to refuse this application for Town and Village Greens for the reasons set out in the report and to instruct the Public Rights of Way Team Leader to write a letter, signed by the Chair of this Committee, to the property services to look at the possibility for voluntary registration of The Rec. Voting: 3 in favour and 2 against.

48 UPDATE OF DEFINITIVE MAP ORDER AND PUBLIC PATH ORDER WORK (Report 10)

The Chair invited Mr John Ives to address the Committee.

Mr Ives read a statement where he was against the proposed confirmation of the three Public Paths Orders at Ludlow's Farm, Camerton Farm and Camerton Landfill site. He said that he had nothing against the proposed routes but he did not agree that adequate procedures were adopted and he had concerns regarding the accuracy of the agreed legal record. He also said that he understood that these orders were not yet formally confirmed and he suggested that this matter be exceptionally considered and if necessary amended orders drafted.

A full copy of the statement from Mr John Ives is available on the minute book in Democratic services.

The Public Rights of Way Team Leader informed the meeting that he had a number of discussions with Mr Ives and that they shared the aim of improving the network of public rights of way. With regard to the particular issue of the recording of structures (stiles, gates etc) in Public Paths Orders, a further meeting had been arranged, also involving colleagues from South Gloucestershire Council, to ensure that this issue was considered in the development of a Public Path Order Policy which is currently being drafted. On the basis of Mr Ives agreement that his comments to the three orders listed above were not to be taken as objections, the landowner had been notified that the orders were unopposed and that he could proceed with the necessary works to enable the orders to be confirmed. It would not be reasonable to alter this position now and the orders would be confirmed in due course once the works have been completed to a satisfactory standard.

It was RESOLVED to note the report.

49 NOTICE OF ITEMS FOR FUTURE MEETINGS

The Public Rights of Way Team Leader informed the Committee that he had nothing to add towards future items apart from informing Members that Public Rights of Way Team was still looking to appoint another officer.

The Chair thanked to everyone who participated in this meeting.