[Electoral Divisions; High Furness]
To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)
Members had before them a report from the Executive Director – Economy and Infrastructure, which detailed an application received from R. Baxter and J. Baxter to correct a mistaken registration in common land register unit CL155 Blawith Common.
The applicants claimed that immediately prior to its provisional registration the application land was not land subject to rights of common, waste land of the manor, a town or village green, or land of a description specified in section 11 of the Inclosure Act 1845. The applicants sought to remove the application land from the register of common land.
The Application related to a parcel of land at Near Raypot Haws, Blawith comprising O.S. field numbered 172 which formed part of the land comprised in common land register unit CL155 – Blawith Common, shown edged red on the plan at Appendix 2 of the report.
CL155 was provisionally registered as common land on 2 October 1969 under Section 4 of the Commons Registration Act 1965 pursuant to application no. 623, made by Ethel Boyren, Councillor for Blawith and Subberthwaite Parish Council on 12 December 1968. The provisional registration became final on 1 August 1972 and the land became register unit CL155.
The Applicants claimed that the Application Land was registered as common land by mistake made by Blawith and Subberthwaite Parish Council and that, immediately before its provisional registration, the Application Land was not subject to rights of common, waste land of the manor, a town or village green or land of a description specified in section 11 of the Inclosure Act 1845.
The Applicants submitted a Statement of Case accompanied by 22 documents as evidence in support of the Application:
The Commons Registration officer took members through the report, highlighting specifically the sections relating to the evidence provided, including:-
· Land subject to rights of common
· Waste land of the manor
· A town or village green within the meaning of the 1965 Act
· Land of a description specified under Section 11 of the Inclosure Act 1845
Two representations were received, one from the Open Spaces Society who stated they had no objections to the application, and the other from Mr Steve Byrne who commented that it was highly likely that the Application Land was once waste land of the manor, and that the key question concerned the physical state of the land at the time of its provisional registration. Mr Byrne did not provide any evidence to support his assertion regarding past status of the Application Land.
The representations were duly served on the Applicant, and they provided a reply to Mr Byrne’s representation.
The Commons Registration Officer said the evidence provided by the Applicant, along with her own research supported the claim that the Application Land was not common land at the time of registration and that the Committee should resolve that the common land register unit CL155 be amended and the Application Land be deregistered.
Mrs Baxter, the applicant, then addressed the Committee with the following points:-
· the public access to the fields in question would be unaffected by any change to their status.
· at the time of the common land registration in the 1960s the land-owner (her late father in law) was living and working abroad and so did not have the opportunity to check.
· all the other pre-1960s documents produced clearly showed that the fields were never said to be common land.
· the commons commissioner in 2004 agreed that both fields appeared to be part of the farm (i.e. not part of the fell/common).
The Chair thanked Mrs Baxter for her representation, which were duly noted by the Committee.
This was then proposed and seconded and put to a vote. With 17 for and 0 against, it was,
RESOLVED that, the Committee accepts the application and corrects the common land register on the ground that the land in question immediately before its provisional registration was not land subject to rights of common, waste land of a manor, a town or village green or land of a specified in Section 11 of the Inclosure Act 1845.