Agenda item

(1)       Members of the Panel visited the site before the meeting. The visit was attended by Mr Ken Ingleton (Chairman of Minster-on-Sea PC) and by Mr John Stanford and Mr Mike Young (also Minster-on-Sea PC).  Mr A D Crowther, Vice-Chairman of the Regulation Committee was also present. 

(2)       The Commons Registration Officer introduced the application which had been made by Minster-on-Sea PC under section 15 of the Commons Act 2006.  She said that the land in question (except for a small tract to the north of the sewage pumping station) was owned by Swale BC who had made no formal objection. 

(3)       Swale BC had confirmed that the land had been registered in their name in 1967 and had also drawn attention to a reference to the Physical Training and Recreation Act 1937 contained in the Land Registry title.  This suggested that the land might have been held for recreational purposes. However, no further documentation had been produced as supporting evidence to this effect.

(4)       The Commons Registration Officer then explained that the task for the Panel was to consider whether it could be shown that a significant number of the residents of a locality or of any neighbourhood within a locality had indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years up to the date of application.  This meant that the Panel had to consider whether every single test contained in the Commons Act 2006 had been met.  This was necessary, even though there had been no objection to the application.

(5)       The Commons Registration Officer went on to consider each of the tests. She said that there had indisputably been no question of force or secrecy in the use of the site.  Furthermore, there was no confirmation that the land had been held under the provisions of the Physical Education and Training Act 1937; nor was there any other evidence that use had been with permission. She therefore concluded that use of the land had been “as of right.”

(6)       The Commons Registration Officer then said that there was sufficient evidence to demonstrate that the land had been used for lawful sports and pastimes.  Use had been by a significant number of people from the administrative area of Minster-on-Sea – as evidenced by the 86 user forms. This use had been taking place for well over the required 20 year period and had continued up to and beyond the date of application in November 2010.

(7)       The Commons Registration Officer concluded her presentation by saying that as all the legal tests had been met, her recommendation to the Panel was that the land should be formally registered as a Village Green.

(8)       On being put to the vote, the recommendations of the head of Regulatory Services were carried unanimously.

(9)       RESOLVED to inform the applicant that the application to register the land known as Scrapsgate Open Space and Playing Field at Minster-on-Sea as a new Village Green has been accepted, and that the land subject to the application be formally registered as a Village Green.