Issue - meetings

CA10/57 Application to correct the register; CL41 Roundthwaite Common, Entry 11

Meeting: 29/09/2022 - Development Control and Regulation Committee (Item 42)

42 CA10/57 - APPLICATION TO CORRECT THE REGISTER OF COMMON LAND; CL41 - ROUNDTHWAITE COMMON, ENTRY 11 pdf icon PDF 216 KB

[Electoral Division: Kirkby Stephen]

 

To consider a report from the Executive Director – Economy and Infrastructure

Additional documents:

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding CA10/57 - Application to Correct the Register of Common Land; CL41 - Roundthwaite Common, Entry 11. The report advised that an application had been received from Albert William Morland to correct entry 11 of unit no. CL41 of the register of common land – Roundthwaite Common. The purpose of the report was to request Members to make a decision as to whether the application should be granted, and a correction made to the Council’s register of common land.

The Commons Registration Officer made her presentation using plans and photographs to explain the application.

Mr A Moore attended the meeting under Public Participation. He made the following points:

·         The officer report recommended that the application be rejected on the grounds of insufficient evidence and members could look at the evidence that did exist

·         There was a single application to register sheep cattle and horses to run with the land at Roundthwaite Farm, signed and verified by the applicant in 1969 under oath

·         The applicant said they signed two forms severing their right and this had no credibility at all

·         The second form dated 13 November 1969 is to apply a note to the Register to record a Right of Way over the land. This was signed by the applicant.

·         A letter from the applicant was dated 27 October 1969 stating ‘Enclosed Commons Registration (in the singular) and there was an application for a note to be made on the register’

·         The documents were compelling and easily met the burden of proof of ‘balance of probability’ that what was recorded in 1969 was exactly what was intended by all concerned and was, and is correct

·         The applicant had said that he had signed a number of forms but there was no evidence to support this

·         There was no compelling evidence

·         Mr Winder had consulted the register, spoke to a County Council officer and relied on the entries in the register when he bought the land in 2014

·         The applicant had given little evidence and if the register was amended then it would be incorrect

·         Mr Winder had exercised his rights since he bought the land.

·         The applicant had not brought forward evidence and on that basis the application should be rejected.

Mr Moore outlined the implications for Mr Winder should the Committee agree the application instead of rejecting it. After member queries, Mr Moore provided the definition of ‘run with the land’ and talked about whether the rights were attached to the whole farm.

Members were reminded to focus on whether a mistake had been made on the register and if so, was there evidence to support that a mistake had occurred.

It was noted that the registration took place over 40 years ago. A member asked why the application was being considered now. The Commons Registration Officer explained that there were two registration periods between 1967 and 1970 after which the register was closed and how only a  ...  view the full minutes text for item 42