Agenda and minutes

The Chairman welcomed everyone to the meeting.

The Chairman and the Committee introduced themselves. 

The Chairman also introduced the officers in the following order: Graeme Stark (Senior Rights of Way Officer and Case Officer for the Bath Recreation Ground Town and Village Green Registration Application), Simon Elias (Senior Legal Adviser) and Jack Latkovic (Senior Democratic Services Officer and Committee Clerk).

The Democratic Services Officer will draw attention to the emergency evacuation procedure as set out under Note 6.

Apology was received from Councillor Douglas Deacon.  Councillor Dave Laming was substitute for Councillor Deacon.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

At the time of publication two speakers registered their request to speak just before item 8 on the agenda (Bath Recreation Ground Town and Village Green Registration Application) – Councillor David Dixon (Chair of the Recreation Ground Trust and Local Resident) and Mr Jack Sparrow (the applicant).

The Committee noted that there were five members of the public who wished to make statements on the agenda item 8 (Bath Recreation Ground Town and Village Green Registration Application).  The Democratic Services Officer informed the meeting that each speaker will have up to five minutes to read their statement.  The Committee might ask factual questions to speakers.

To deal with any petitions, statements or questions from Councillors and where appropriate co-opted members.

The Committee noted that Councillor David Dixon will address the Committee under item 8 on the agenda (Bath Recreation Ground Town and Village Green Registration Application) as Chair of the Recreation Ground Trust and Local Resident.

It was RESOLVED that the minutes of the meeting on Tuesday 18^th December 2012 be confirmed as a correct record and signed by the Chair.

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 Bath Recreation Ground, Bath as a Town or Village Green (“TVG”).  The Application was advertised and seven objections were received against registration.

An independent expert was instructed by the Authority to advise the Authority as to whether or not Bath Recreation Ground should be registered as TVG.

The Regulatory (Access) Committee (“the Committee”) is recommended to refuse the application and not register the land edged red on the plan attached at Appendix 1 in the report (“the Plan”) as a TVG.

The Chairman informed the meeting that the Committee will hear from Graeme Stark first. 

The Committee will also hear from speakers in the following order:

Councillor David Dixon

Mr Jack Sparrow (Applicant)

Mr Steve Osgood

Mrs June Scott

Mr David Greenwood

Mrs Susan Macdonald

The Committee will then debate the matter and make their decision.

The Chairman invited Graeme Stark to introduce the report.

Graeme Stark addressed the Committee with the following statement:

‘The matter in front of the Committee today is to determine whether Bath Recreation Ground should be registered as a Town or Village Green pursuant to section 15 of the Commons Act 2006.

On 18 December 2012, Bath and North East Somerset Council, in its capacity as the Commons Registration Authority, received a duly made application from Mr Sparrow to register the land edged in red on the plan contained at Appendix 1 of my report as Town or Village Green.

The application was duly advertised and the Authority received seven objections and 18 emails and letters of support.  The Registration Authority instructed an independent barrister – Mr Leslie Blohm QC - to advise on whether the Bath Recreation Ground should be registered.

The legal test which must be satisfied in order for land to be registered as town or village green is contained in section 15(2) of the Commons Act 2006 which states that land should be so registered if:

“a significant number of the inhabitants of any locality, or 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 they continue to do so at the time of the application.”

The Committee are only permitted to consider whether this legal test has been satisfied, which in relation to this particular application means whether it has been demonstrated that a significant number of the inhabitants of the city of Bath have indulged as of right in lawful sports and pastimes on the Bath Recreation Ground from 1992 to 2012.  The Committee is not permitted to consider whether or not registration would be deemed desirable nor what affect registration might have upon the future use or development of the land; these matters are legally irrelevant to the matter in hand.

Paragraph 71 of the Inspector’s Initial Advice advises that;

“…the Registration Authority…should dismiss the Application for Registration of The Rec, Bath as a Town or Village Green pursuant to section 15 Commons Act 2006 on the following grounds:

(1)   That usage of The Rec for lawful sports and pastimes ‘as of right’ has not been by a significant number of the inhabitants of Bath;

(2)   That usage of the land demised to Bath Rugby plc, and of the Leisure Centre and the tennis and Croquet Courts has not been ‘as of right’.

Use must be ‘as of right’; however, the 1956 conveyance gives the citizens of Bath the right to use the land for “games and sports of all  ...  view the full minutes text for item 29.