Issue - meetings

To receive a report from the Cabinet Member for Environment and Transport, the Corporate Director for Growth, Environment and Transport and to consider and endorse, or make recommendations to the Cabinet Member on a proposed decision to introduce a charging regime under the Commons Act 2006 as set out in Appendix A of the report

The Committee received a report seeking endorsement of, or recommendations to the Cabinet Member for Environment and Transport on, a proposed decision to introduce fees in accordance with the detail set out in Appendix A of the report in respect of applications under the Commons Act 2006 following changes to legislation introduced in December 2014.

Mr Paul Crick, Director of Environment, Planning and Enforcement, was in attendance to speak to the item and introduced the report for members; in particular he referred to the following:

       i.        That changes to legislation in December 2014 now allowed Council’s to cover the costs of applications made under the Commons Act 2006 such as registering village greens etc. 

      ii.        The proposals before the committee were to recover costs where applications were for the benefit of the landowner.

The issue was opened for debate and following questions from members officers clarified the following matters:

       i.        That the missing words in the report should read ‘village greens’

      ii.        The creation of a ‘right of common’ was a technical term which was not related to the right of access it referred to very old rights such as the right to graze cattle and so were for the benefit of the applicant and not the wider community as may be first assumed.

    iii.        That the £50 per hour fee for officer time to process application was the standard fee currently charged by the Public Rights of Way Team on other paid for applications, and was deemed to be appropriate in this case also.  It was reviewed on an annual basis.

    iv.        No charges had been made for this service in the past.

      v.        That it was possible to de-register a village green in limited circumstances but should the land be of a size over 250sqm the landowner would be required to provide alternative land in exchange.

It was proposed by Mr Pearman and seconded by Mr Ozog that the cabinet member decision as set out in the report for approval be endorsed.