MINUTES
OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD ON TUESDAY, 22 MARCH
2005, COUNTY HALL, NEWPORT, ISLE OF WIGHT COMMENCING AT 10.00 AM
Present :
Mr R Richards
(Chairman), Mr J Effemey, Mrs M A Jarman
Also
Present :
Mr A C Bartlett, Mrs T M Butchers, Mr R G Mazillius
13.
DECLARATIONS OF
INTEREST
None were declared at this stage
14.
REGISTRATION OF NEW TOWN OR VILLAGE GREEN LAND AT NINGWOOD GREEN, WELLOW
ROAD, NINGWOOD
The Chairman welcomed those
present to the meeting and explained the procedure the meeting would follow.
The Countryside Manager had received an application
from Shalfleet Parish Council to register land at Ningwood Green, Wellow Road,
Ningwood as a Town or Village Green. The application was made under Section 13
of the Commons Registration Act 1965 and the New Land Regulations of 1969.
The
land, which lies to at the junction of Wellow Road and Station Road, Ningwood,
Isle of Wight, had an overall area of approximately 0.330 hectares (0.816
acres). The land was currently in the ownership of the Isle of Wight Council
and was originally traversed by Station Road, Wellow Road and the junction of
the two. The highway was realigned in
1974 as shown in appendix D item D2 of the report. An objection had been
received from the Isle of Wight Council’s Property Services.
The
Countryside Manager stated that there was no dispute about the evidence
presented and no legal reason why the land should not be registered as a
village green. The Countryside Manager was satisfied that the applicant had
proven all four points set out in the report and recommended that the
application be accepted.
The
local member expressed support for the application.
The Committee then adjourned into private session in order to take legal advice and consider their decision. Upon reconvening in public the Committee announced their decision.
For the following reasons :
1.
The Committee accepted
the written evidence of the applicant and the report of the Head of Planning
Services and noted that the applicants