Decision details

The County Council has received a letter from the legal representatives of Mrs Maureen Comber (‘the Applicant’), seeking the addition of an area of land known as ‘the 80 acres’ to the register of common land (see location map) on the grounds that it was manorial waste. The letter asserts that the County Council can make this amendment under the provisions of the Commons Registration Act 1965. The majority of the 1965 Act was repealed via the passing of the Commons Act 2006.
The County Council has taken legal advice on the validity of the Applicant’s submissions and has also provided the majority landowner the opportunity to respond. Having had regard to this, it is considered that there is no lawful basis for the application to be accepted.
The framework for the decision is set out in the accompanying Decision Report, which considers the arguments submitted in support of the application and considers relevant case law. Having taken all of this into account, it is recommended that the application is refused.