Agenda item

Councillors Gareth Davies and Rhodri Evans left the meeting for the duration of the discussion on the following item.

Councillor Bryan Davies, Leader of the Council presented the report to Council noting that an application was received in February 2021 to register land at Erw Goch Field, Waunfawr on the Register of Town or Village Greens under Section 15 of the Commons Act 2006.  The land is within the ownership of Ceredigion County Council, and also forms part of a planning application for residential development and associated works.

He noted that the Council has sought independent legal advice, and that a separation of roles within relevant services has been established in order to avoid potential conflict of interest.  The Registration Authority has sent a notice to every person (other than the applicant) believed to be an owner, lessee, tenant or occupier of any part of the land affected and notice was published in the Cambrian News and placed at various entry points onto the land.  It was noted that a further 184 additional submissions were received, and that the Council as landowner had submitted an objection to the application for registration of the Land as Town or Village Green via external solicitors.

There are no formal procedures in place for determining applications, however in order to consider the merits of the application and the application of law, it is proposed that a Barrister is appointed to consider the application on behalf of the Council as Registration Authority and that findings are reported back to the Council for final decision on the matter.

Members questioned the proposal to appoint a Barrister, asking whether face to face meetings and mediation had been considered with an aim to find middle ground and whether it would be appropriate to request that a neighbouring authority acts as Registration Authority.  Officers noted that the decision on the application would be made by Council, and that if it was their decision not to appoint a Barrister, they would then be dependent upon the deliberations and conclusions derived Officers on this matter.  Appointing an independent Barrister would provide an assurance to the Council that the information is  legally correct, and that Members would be less open to challenge.  It was noted that the Land in question is included in the Local Development Plan and that an application presented to the Development Management Committee had been deferred to consider the application for Town or Village Green, therefore there may be a risk of being open to a challenge of mal administration if the Council entered into discussions with the applicant at this stage.  It was also noted that the Council could look into procedures for working with a neighbouring authority in order to provide an additional safeguard.

Following a vote, the Council RESOLVED to:

a)    authorise the appointment of a Barrister to act as an independent assessor;

b)    that the Barrister advises on the merits of the application for registration of the Land as Town or Village Green;

c)    subject to the advice provided in (b), that the Barrister hold a Public Inquiry or such other hearing as advised by the Barrister, the findings of which and recommendation will be reported back to the Council for decision on the application to register the Town or Village Green.