Application to amend the Register of Common Land for land known as "The Lees" at Yalding (CL14)
(1) The Commons Registration Officer said that the application had been received from Mr H Craddock under paragraph 2 of Schedule 2 of the Commons Act 2006.
(2) The Commons Registration Officer briefly explained that Common Land was defined as land subject to traditional rights or “rights of common.” These areas were included within the definition of “Open Access Land” which gave the public the right to gain access on foot.
(3) The land which was the subject of the application had been included in a scheme of regulation and management made under the Commons Act 1899 which permitted District Councils to make schemes of management for common land.
(4) The Commons Registration Officer said that a scheme of management had been made in 1949 by the Maidstone Rural Council in relation to land known as “The Lees” in Yalding. The applicant considered that certain parts of the land included within the scheme of management had been omitted from the formal registration of the land as common land and that the Register of Common Land should be amended accordingly.
(5) The Commons Registration Officer went on to explain that the Panel needed to satisfy itself that the land was not currently registered as Common Land or Village Green and that it had never been finally registered as such. It also needed to be satisfied that the land was either regulated by an Act made under the Commons Act 1876, or subject to a scheme under the Metropolitan Commons Act 1866 or the Commons Act 1899, or regulated as common land under a local or personal Act, or otherwise recognised or designated as common land by or under an enactment.
(6) The Commons Registration Officer said that an objection had been received from KCC Governance and Law on behalf of the County Council’s Highways and Transportation Team. This objection set out that those sections of the application site that formed part of the public highway should not be included within any subsequent registration. It was also stated that if the application were to succeed, it would impact on the County Council’s statutory duty to assert and protect the rights of the public in relation to the public highway.
(7) The Commons Registration Officer explained that the concerns raised by the objector were not a material consideration. She then said that it was clear that the scheme of management had clearly intended the inclusion of the roads regardless of whether they would have been subsequently capable of formal registration under the later Commons Registration Act 1965. She therefore recommended accordingly.
(8) The Chairman read out correspondence received from Ms V Clothier (KCC Governance and Law) on behalf of behalf of the objector.
(9) Mr T A Maddison moved, seconded by Mrs V J Dagger that the recommendations of the head of Regulatory Services be agreed.
(10) RESOLVED that the applicant be informed that the application to amend the Register of Common Land to register additional areas of Common Land has been accepted (as shown in Appendix D of the report) and that the Register of Common Land for unit number CL41 be amended accordingly.