Agenda item

CA13/37 - APPLICATION TO CORRECT MISTAKEN REGISTRATION; CL87 ANGERTON MARSH

[Electoral Divisions: High Furness]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure. The report advised that an application had been received to correct a mistaken registration in common land register unit number CL87 Angerton Marsh. Members were requested to make a decision as to whether the application should be granted and a correction be made to the Council’s register of common land.

 

The Commons Officer made her presentation using plans and photographs.

A member asked who had been allotted the land in the first instance. It was confirmed by the Commons Officer that it hadn’t been allotted to anyone and it wasn’t covered by the Inclosure Act. Another Commons Officer explained how the land was originally waste land of the Manor but that it had been fenced off from the remainder of the common before provisional registration and was only used by the farm and tenants from that point onwards. The member talked about the historical use of land of this type, adding that the land was clearly enclosed.

The Chair highlighted that there had been a lot of officer research and that no one had challenged the findings.

Mr McGuckin proposed that the recommendation as set out in the report be agreed. This was seconded by Mr English.

The Chair moved to the vote which was cast as follows: 13 in favour of the motion, 1 against and 0 abstentions.

RESOLVED that, the Development Control and Regulation Committee accepts the Application and resolves to amend the common land register by deregistering part of common land register unit number CL87, on the grounds 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 description specified in Section 11 of the Inclosure Act 1845.

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