Agenda item

(CPT4)

Purpose: To ratify the report received from the Inspector appointed by the Council in respect of an application to register a Town or Village Green in relation to Village Green 105, Tilehurst (Pincents Hill).

Resolved that the Applicant and objectors be informed that the Council will not register the land at Pincents Hill as a Village Green.

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 25 February 2011, then it will be implemented.

The Executive considered a report (Agenda Item 6) concerning the ratification of the report received from the Inspector appointed by the Council in respect of an application to register a Town or Village Green in relation to Village Green 105 Tilehurst (Pincents Hill).

Councillor Hilary Cole, in introducing the report, made the following points:

·                    West Berkshire Council was the Commons Registration Authority (CRA) for the District and was subject to the receiving and reviewing of applications for Town or Village Green status under the Commons Act 2006.

·                    An application was received on 7 April 2009 from Mrs Joan Lawrie on behalf of the Save Calcot Action Group to add certain areas of land at Pincents Hill, Tilehurst to the Register of Town or Village Greens. 

·                    Any individual could apply to register land as a Town or Village Green if certain conditions were met.

·                    On receipt of the application, the Council proceeded with the consultation of various interested parties and relevant land owners.  An objection was received from Blue Living, the owners of a significant area of land at Pincents Hill, and also owners of smaller areas of land who held interests with Blue Living for the development of the land.

·                    Various exchanges of correspondence between the main parties and the Commons Registration Officer determined that a non statutory public inquiry should be held and this was arranged for June 2010.  The cost of the inquiry was borne by the Council as the CRA.

·                    On considering the evidence before him, the Inspector recommended to the Council that no part of the application site should be added to the register of Town and Village Greens as it did not meet the statutory tests required for such registration under any of the relevant sections of the Commons Act 2006.

·                    The Executive was therefore asked to ratify the report and accept the recommendation that the Council should not register the land as a Village Green. 

Councillor Joe Mooney felt that a number of questions remained unanswered in the report and he was disappointed with the recommendation.  He would therefore be voting against the recommendation.  This would also be a disappointing outcome for the large number of Tilehurst residents involved in the application and Councillor Mooney took the opportunity of thanking Mrs Lawrie and her team for all their hard work in attempting to register this land as a Village Green. 

Councillor Alan Macro also expressed disappointment with the recommendation and added that this had an impact on Calcot and Theale.  Councillor Macro reported that Tilehurst Parish Council had not received a copy of the Individual Decision as part of the consultation. 

Councillor Cole advised that she took the decision to bring the report to Executive for ratification due to the high level of public interest, rather than approve as an Individual Decision.  She was not aware that Tilehurst Parish Council had not received a copy of the report, but it was published on the West Berkshire Council website early in 2011.  It had also been made available to Mrs Lawrie. 

Councillor Macro pointed out that relevant consultees needed to be made aware of when information was published on the website. 

RESOLVED that the Applicant and objectors be informed that the Council will not register the land at Pincents Hill as a Village Green.

Reason for the decision: As the Inspector cites in his Report annexed to this Decision there is insufficient evidence of use over the relevant periods stated in his Report for the land to be registered as a Village Green

Other options considered: None.

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 25 February 2011, then it will be implemented.