Issue - meetings

To consider a report from the Director of Culture, Communities and Business Services, regarding an application for the registration of land known as ‘Monks Brook’, in Eastleigh, as town or village green.

Application for registration of land known as ‘Monks Brook’, Eastleigh, as town or village green (Application No. VG 234)

Pursuant to a pecuniary interest Councillor Wayne Irish abstained from this item, left the chamber and was not present during the items discussion, debate or voting.

The Committee considered a report from The Director of Culture, Communities and Business Services regarding an application for a village green in Eastleigh.

The Chairman gave an overview of the application and its history, and it was confirmed that it had previously come to Committee who confirmed a decision to set up a non statutory public inquiry chaired by an independent expert (Morag Ellis QC) sitting as an inspector to resolve the complex evidential and legal issues arising from the application and objection.

The officer showed Committee various historical aerial photographs of the site over the years going back to 1989 and outlined the process  and issues considered by the chair of the public inquiry It was confirmed that no users of the site attended the inquiry.

The officer confirmed that the recommendation of the public enquiry to the committee was refusal of the application to have the land registered as town or village green as the applicant failed to satisfy the legal tests necessary to establish town and village green status  over the land. In particular there was evidence of insufficient duration of use of the land as village green, as well as evidence of a significant interruption of the use.

RESOLVED:

The application to register land shown edged blue on the plan attached to the report at Appendix 1 as a town or village green, part of which lying within Hampshire only, was refused.

Voting:
Favour: 13

Abstentions: 2