Venue: Trefeglwys Village Hall, Trefeglwys, Caersws, Powys SY17 5PH
Contact: Carol Johnson 01597826206
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Apologies To receive apologies for absence. Minutes: Apologies for absence were received from County Councillors David Selby, Elwyn Vaughan and Gwilym Williams. Councillors Gareth Pugh and Jonathan Wilkinson have not yet received the relevant training for village green applications so did not attend the hearing. County Councillor H Hulme, being the local member, was not allowed to participate in the meeting.
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Rights of Way |
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Commons Registration Act 1965 / Commons Act 2006 - Application 16-001VG to Register a new Town or Village Green To consider Application 16-001VG to register a new Town or Village Green on land at Hillcrest, Aberhafesp (Community of Aberhafesp). |
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Welcome, fire arrangements and introductions Minutes: The Chair welcomed the public to the meeting and explained the fire arrangements and introduced the Committee and officers.
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Declarations of interest To receive any declarations of interest. Minutes: County Councillor Heulwen Hulme had declared an interest because she is the Local Member for the ward affected by this application and could not take part in the decision-making process.
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Timetable for the hearing PDF 39 KB The Hearing will follow the attached timetable. Minutes: The Committee received opening statements from the applicant and objector. The Committee heard from the applicant’s witnesses who were questioned by the objector, applicant and Committee.
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Additional documents: |
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The documentation is attached. Additional documents:
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Welcome, fire arrangements and introductions Minutes: The Chair welcomed the public to the meeting and explained the fire arrangements and introduced the Committee and officers.
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Timetable for the Hearing PDF 34 KB The Hearing will follow the attached timetable. Minutes: The Committee heard from the objector who was questioned by the applicant and Committee.
The Committee received closing statements from the objector and applicant.
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Public Hearing closes at 11.00 a.m. |
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Closed session for the Committee to debate evidence Minutes: The Committee considered the application in private. The Definitive Map and Commons Registration Officer advised that the Committee needed to make a decision based on the legal criteria, namely whether: (Section 15 (2) of the Commons Act 2006) (a) A significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and (b) They continue to do so at the time of the application.
(herein referred to as “the statutory purpose”)
The Definitive Map and Commons Registration Officer advised that the applicant and objector would be provided with the Committee’s decision and reasons. The Committee noted that in his closing statement, the applicant requested that the Committee refer to Council Tax records. However, this was not possible, as the Committee had to consider only the information with which it had already been provided by the applicant and objector.
In response to Members’ questions the following advice was provided: · The Definitive Map and Commons Registration Officer advised that the Commons Act 2006 does not provide any specific guidance as to what “frequency” of usage is required, but usage does not have to be every day. However, it does need to be enough to indicate general use of the land, rather than occasional use by individuals as trespassers. The Committee needs to consider the body of evidence over the 20 years, using the written statements and the individual testimonies at the hearing and then form a picture. The Solicitor advised the Committee that due weight should be given to witnesses giving evidence at the Hearing and thus being available for cross-examination.
· The Solicitor advised that the comments made by the objector about people dumping rubbish and the alleged non-payment of sewerage charges were irrelevant and should be ignored by the Committee.
· The Definitive Map and Commons Registration Officer advised that the bar for the burden of proof was that for a civil case, being ‘on the balance of probabilities.’ The Solicitor advised that this meant that the Committee had to consider whether an issue was “more likely to be the case than not.”
· The Definitive Map and Commons Registration Officer advised that the Committee needed to consider whether the users had established a use “as of right”, being without force, without secrecy and without permission. In deciding whether any permission might have been given, the Committee needed to consider what the users of the land would have understood from the owner’s actions.
· From the written and verbal evidence officers provided the Committee with a brief summary of usage over the 20 year period in question i.e. November 1996 – November 2016. It was noted by the Committee that as the social gatherings by adults had been infrequent, the application was primarily based on use of the land by children. From October 1996 – 2007 and from 2014-2016, the witnesses had identified specific children who had used the ... view the full minutes text for item 4. |