Agenda and minutes

Development Control and Regulation Committee
Thursday, 6th December, 2018 10.00 am

Venue: Council Chamber - County Offices, Kendal, LA9 4RQ

Contact: Nicola Harrison  Email: nicola.harrison@cumbria.gov.uk

Items
No. Item

84.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr R Bingham, Mr A Bowness, Mr K Hamilton, Mr T Markley, Mr W McEwan, Mr D Whipp and Mr M Worth.

85.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr D Gawne replaced Mr R Bingham and Mr M Wilson replaced Mr M Worth as members of the Committee for this meeting only.

86.

Disclosures of Interest

Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises

 

1          Details of any employment, office, trade, profession or vocation carried on for            profit or gain.

 

2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority

 

(a)       Under which goods or services are to be provided or works are to be executed; and

 

            (b)       Which has not been fully discharged.

 

4          Details of any beneficial interest in land which is within the area of the authority. 

 

5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 

 

6          Details of any tenancy where (to your knowledge)

 

            (a)       The landlord is the authority; and

 

            (b)       The tenant is a body in which you have a beneficial                                                         interest.

 

7          Details of any beneficial interest in securities of a body where

 

(a)       That body (to your knowledge) has a place of business or land in the    area of the authority; and

 

 

(b)       Either –

 

(i)      The total nominal value of the securities exceeds £25,000 or one            hundredth of the total issued share capital of that body; or

 

(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.

 

Note

 

A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).

Minutes:

There were no disclosures of interest made at the meeting .

87.

Exclusion of Press and Public

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

Minutes:

RESOLVED,       that the press and public be not excluded during consideration of any items of business.

88.

Minutes pdf icon PDF 117 KB

To confirm as a correct record the Minutes of a meeting held on 14 November 2018.

Minutes:

Minute 69. Minutes. A check to be made on the application number for Minute 58 (b) in the Minutes of 5 October 2018 (penultimate line of the 1st paragraph)

Page 9, Minute 74. 2nd paragraph, 3rd line ‘as the officer position on the applications were accepted’ be deleted.

Page 11, Minute 77. 2nd paragraph, 3rd line to read  53(3)(c)(ii)

Page 13, Minute 78. 6th paragraph change inhabitable to uninhabitable.

 

RESOLVED,      that subject to corrections, the minutes of the meeting held on 14 November 2018 be confirmed as a correct record and signed by the Chairman.

89.

CA14/3, CA14/4, CA14/5 - Applications to amend the register to record an historic event; register units CL26 Murton Fell, CL27 Hilton Fell and CL122 Burton Fell and Warcop Fell pdf icon PDF 105 KB

To consider a report from the Assistant Director – Economy and Environment.

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding Applications CA14/3, CA14/4, CA14/5 to register units CL26 Murton Fell, CL27 Hilton Fell and CL122 Burton Fell and Warcop Fell. The report advised that Cumbria County Council had received three applications submitted on behalf of the Secretary of State for Defence, under paragraph 2 of Schedule 3 to the Commons Act 2006 which sought to amend the register to record an historic event.

 

Paragraph 2 of Schedule 3 to the 2006 Act allowed registration of historic events which occurred as a consequence of a statutory disposition. The applicant claimed that three Vesting Deeds made on 31 March 2003 constituted such relevant dispositions. The applicant made further claims that as a consequence of the Vesting Deeds, the lands which comprised CL 26, CL 27 and CL 122 ceased to be common land and should be removed from the register. Notice of the applications had been advertised and numerous objections had been received. A Public Inquiry had been held and the Registration Authority (Cumbria County Council) had instructed an independent Inspector who had made a number of recommendations.

 

Members’ attention was drawn to the update sheet which had been circulated to the Committee before the meeting. This highlighted a correction to the wording in the report at 4.3 and also included a statement which had been submitted late under the Public Participation Scheme. The submission urged the Committee to decide in accordance with the recommendations of the Inspector.

 

The Chair informed the Committee that members would need to arrive at a decision at the meeting as the legal deadline was imminent.

 

The Lead Officer, Historic Environment and Commons displayed a number of slides for members showing maps of the area. He explained about the Council’s role as Registration Authority, the three applications that had been received and how the applicant claimed that as a consequence of the Vesting Deeds, the land in question ceased to be common land.

 

Members were advised of the periods of notice for the Applications, the number of objections received and the organisations that had objected which included a number of individuals. He explained the reason for holding, and the dates of, the Public Inquiry. Members were informed about how Schedule 3 allowed for amendments to the registers to be made during the transitional period from the Commons Act 1965 to the 2006 Act. In Cumbria, the transitional period ran from 15 December 2014 to the 14 December 2018.

 

The Committee was informed about the arguments presented by both the Open Spaces Society and the Applicant over whether there was the legal power to make the applications. The Lead Officer, Historic Environment and Commons stated that the Inspector had found in favour of the Applicant, as, in his opinion, there was a legal power to make the applications under the 2006 Act.

 

Members were asked to consider whether the land in question had remained common land after the extinguishment of the rights, by virtue of  ...  view the full minutes text for item 89.

90.

Date and time of next meeting

The next meeting will be held on 18 January 2018 at 10.00am at County Offices, Kendal.

 

 

Minutes:

The next meeting of the Committee would be held on 18 January 2019 at County Offices, Kendal at 10.00am