MINUTES OF A MEETING OF THE REGULATORY AND APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY 11 MARCH 2003 COMMENCING AT 10.00 AM

Present :

Mr A J Mundy (Chairman), Mr J R Adams, Mr M J Cunningham

Also Present :

Mr R R Barry, Mrs M J Lloyd, Mr R C Richards, Mrs S A Smart

17. DECLARATIONS OF INTEREST

There were no declarations declared at this stage.

18. REGISTRATION FOR NEW TOWN OR VILLAGE GREEN, LAND AT EAST COWES CASTLE ESTATE WOOD

The Committee were informed that an application to register land at East Cowes Castle Estate Wood as a Town or Village Green under the Commons Registration Act 1965 and the New Regulations of 1969 had been received.

Five statements of use in the form of completed questionnaires had supported the application. One objection had been received from the Councils Property Services Section.

In order for the application to be successful, the applicant was required to satisfy four criteria. These were that the land was used by the local inhabitants, the land was used for lawful sports and pastimes, the land was of right and lastly that the land had been used in this manner for not less than twenty years.

The Committee considered the evidence submitted against each of the above criteria. The Committee were satisfied that the land was used by local inhabitants for lawful sports and pastimes. In considering whether the use of land was as of right, legal advice was given that it was necessary for the applicant to show that the land had been used without force, without secrecy and without permission. The Committee noted evidence submitted by the objector which described signs and fencing which the Council had erected in the past. They also noted that some of the questionnaires acknowledged that users were aware of the signs that were in place. All of the questionnaires submitted in support of the application indicated that the land had been used throughout some, or all, of the twenty year qualifying period. However, the objector had asserted that even though the land was used, steps were taken by the objector to prevent this use, although no evidence had been submitted to support this.

RESOLVED :

THAT the application be rejected on the ground that the use could not be shown to be as of right

CHAIRMAN