MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 9 DECEMBER 2004 COMMENCING AT 10.00 AM

 

Present :

 

Mr R C Richards (Chairman), Mr R Adams, Mr A A Taylor

 

Also Present :           

 

                        Mr A C Bartlett, Mr C R Hancock, Mr R G Mazillius

 

 


9.                  DECLARATIONS OF INTEREST

 

Mr R C Richards declared a personal interest as he had previously used an agents solicitors firm.

 

10.             APPLICATIONS TO REGISTER A VILLAGE GREEN AT LAND KNOWN AS QUEENS BRICKYARD, POINT FIELD, WHIPPINGHAM, ISLE OF WIGHT

 

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

                        

The Head of Planning Services introduced the report which considered an application to register land known as Queens Brickyard, Point Field, Whippingham, Isle of Wight as a Town or Village Green.

 

The agent acting for the objector submitted some late papers and asked that the Committee consider them. The applicant objected to this late submission. An adjournment of 10 minutes was given to allow the submission to be read. Upon reconvening the Chairman advised the meeting that he would accept the late submission on the grounds that it was not new evidence but simply a summary of what the objector wished to say.

 

The Councils Officer presented the report, describing the reasons for his recommendation and how conclusions had been reached.

 

The applicant presented his case and although pleased that a proportion of the site had been recommended for a village green, considered that all of the site had been used by the public for the 20 year period as described by his evidence.

 

During the objectors presentation, he requested that the Committee undertake a site visit. This was requested on the grounds that the Committee could fully appreciate issues of accessibility.

 

The Committee adjourned at 1.02pm to go on a site visit.

 

The Committee reconvened at 2.30  pm

 

The Chairman advised the meeting that the Committee had now been on a site visit. 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 following reasons :

 

1.                     For the reasons set out in the report of the Head of Planning Services subject to the following departures :

a.               The land comprising the dog leg was not accessible to the public and would not have been for the entirety of the relevant period

b.               The Committee also felt that the land comprising the ‘dog leg’ was not of any amenity to inhabitants of the neighbourhood yet if registered as a village green would have a substantial and disproportionate inconvenience to the landowner

c.               Alverstone Farm could not be viewed as being within the East Cowes Road. Notwithstanding this the decision as to whether a significant number of inhabitants of the locality or neighbourhood within a locality was not affected.

It was :

 

RESOLVED :

 

(a)                  THAT the application be partially refused and not to register Pointfield and the part of Queens Brickyard shown as the ‘Licensed Land’ in appendix E5 as a Town or Village Green

 

(b)                  THAT the registration of the ‘dogleg’ strip on the southern most edge of the ‘unlicensed land’ in appendix E6

 

(c)                  THAT the application be partially granted and register the remaining part of Queens Brickyard shown as unlicensed land in Appendix E6.

 

 

 

 

 

CHAIRMAN