MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 19 DECEMBER 2003 COMMENCING AT 9.30AM

Present :

Mr R C Richards (Chairman), Mr R G Mazillius, Mr A A Taylor

Apologies :

18. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mr R G Mazillius and Mr A A Taylor declared a personal interest as a supporter of the application, who was present at the meeting, was known to them.

19. REGISTRATION OF NEW TOWN OR VILLAGE GREEN LAND AT EAST COWES CASTLE ESTATE WOOD

The Chairman welcomed those present to the meeting and introduced the members of the Committee. He outlined the procedure that the meeting would follow.

An application had been received to register land at East Cowes Castle Estate Wood as a Town or Village Green. The report outlined the history of the site, which was in the Council’s ownership, and the Committee were informed that a previous application had been received from the same applicant on a smaller part of land and had been rejected by the Committee earlier in the year, as the use could not be shown to be as of right.

Thirty-six questionnaires, some with accompanying submissions, had been submitted in support of the application. One objection had been received from the Isle of Wight Council’s Property Services

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 Chairman then asked both the applicant and the objector whether they accepted that the land was used by local inhabitants for lawful sports and pastimes for not less than 20 years. Both agreed to accept these as proven and that the remainder of the hearing be concerned with evidence relating to the use of the land as of right. The Committee considered the evidence submitted in particular, the evidence relating to the use of the land as of right.

Members of the Committee asked a number of questions of the Senior Countryside Officer. The applicant then had the opportunity to present her case to the Committee together with case law in support of her application. The Committee then were able to ask questions to the applicant. Following that, the objector then had the opportunity to speak.

The Committee then adjourned into private session in order to take legal advice and to consider their decision. Upon reconvening in public, the Committee announced their decision.

The Committee believed that at times during the 20 year qualifying period the council had secured the land concerned. Therefore, access by local people would have been by force at these times. This was the case shortly before January 1986 when once of the supporters wrote to complain about the fencing and noted the vandalism.

The Committee accepted that there was no permission for the local inhabitants to use the land for recreation and that the use by local inhabitants was not secretive.

RESOLVED :

THAT the application be rejected on the ground that the evidence did not show that the use of the land was as of right for the duration of the qualifying period