[Electoral Divisions: High Furness]
To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)
The Development Control and Regulation Committee considered 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 CL276 Blawith Fell.
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 Far Raypot Haws, Blawith comprising O.S. field numbered 173 which formed part of the land comprised in common land register unit CL276 – Blawith Fell, shown edged red on the plan at Appendix 2 of th report.
CL276 was provisionally registered as common land on 31 July 1970 under Section 4 of the Commons Registration Act 1965 pursuant to application no. 1325, made by Boughton Estates Limited. The provisional registration became final on 1 August 1972 and the land became register unit CL276.
The Applicants claimed that the Application Land was registered as common land by mistake made by Boughton Estate 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 request the removal of the Application Land from the register of common land.
The Applicants submitted a Statement of Case accompanied by 22 documents as evidence in support of the Application:
The officer advised the Committee that two representations had been received, one from the Open Spaces Society who had no bjections 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 concerns 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 the Applicant provided a reply to Mr Byrne’s representation.
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
The Chair asked Mrs Josephine Baxter if she wished to say anything in relation to this application but she confirmed her comments were the same as with the previous application, and she had nothing further to add.
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 CL276 be amended and the Application Land be deregistered.
This was then proposed and seconded and put to a vote. With no members dissenting, 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.