MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 30 SEPTEMBER 2004 COMMENCING AT 10.00 AM

Present :

Mr R C Richards (Chairman), Mrs T M Butchers, Mr A J Mundy

Also present (non-voting) :

Mr M J Cunningham, Mr A A Taylor

The Chairman welcomed those present to the meeting and introduced the members of the Committee.

5. DECLARATIONS OF INTEREST

No interests were declared at this stage.

6. APPLICATION TO REGISTER A VILLAGE GREEN AT THE FIELD OR THE OLD ALLOTMENT, WHIPPINGHAM

The report from an independent Inspector, set out evidence and recommendations as a result of the non-statutory public inquiry on the application to the Isle of Wight Council to register land south east of Osborne Works, Whippingham Road, East Cowes as a Town or Village Green. The Committee were reminded that this was the third time this application had appeared before them, and that they were not here to hear fresh evidence or go through details of the report, but to consider the Inspectors’ report and the recommendations made. However, the Chairman had received an additional letter from the applicant, which stated several points on which the applicant believed the report to be incorrect. The letter had been copied to the Members of the Committee, and to the Objector. The Chairman decided that the Committee should consider the letter

In order for the application to be successful, the Inspector set out at the inquiry that the applicant was required to satisfy five questions on the balance of probabilities, these were: has there been use of the land the subject matter of the application to register? Has such use been as of right? Has such use been for lawful sports and pastimes? Has such use been by a significant number of the inhabitants of a locality or a neighbourhood within a locality? Has such use continued for 20 years and has it continued after the 20 year period until the date of the application for registration?

The Countryside Service Manager answered a question from the applicant. The applicant then had the opportunity to present his case to the Committee together with case law in support of his application. Following that, two supporters of the applicant spoke and the Committee then were able to ask questions. The objector then read out a statement of objection.

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.

For the reasons set out in the Inspectors Report dated June 30 2004:

RESOLVED :

THAT the recommendation of the Inspector be accepted and refuse to register the whole, or any part of the land in the application as a Village Green.

CHAIRMAN