Agenda item

Councillor Bryan Davies withdrew from the meeting for the duration of the discussion.  The Chief Executive, Eifion Evans confirmed that Councillor Rhodri Evans had already left the meeting prior to the commencement of the discussions.  Councillor Gareth Davies remained in the Council Chamber noting that he would not vote on this matter.

The Chairman of the Council provided an outline of the process to date, and invited Councillor Clive Davies, Cabinet Member for Economy and Regeneration to present the report to Council. 

Councillor Clive Davies noted that the Council as Registration Authority instructed an Independent Assessor to consider whether the doctrine of statutory incompatibility prevents registration of the Land as a Town or Village Green.  The Independent Advisor had provided an Inspector’s note in December regarding the procedure, which is included in appendix 1.  Councillor Clive Davies read out the relevant parts of the Appendix 1.

Councillor Clive Davies noted also that the Independent Advisor provided an Inspector’s Report on the preliminary issue of statutory incompatibility which is included in Appendix 2, quoting paragraphs 20, and paragraphs 24 - 27 of the report. He noted that the Application must now be considered by the Council (acting as the Registration Authority) for decision.

Councillor Keith Henson noted that ‘the balance of probability’ suggests that this may be a subjective opinion and that another Barrister may have come to a different conclusion, noting that he would want to receive more information on this.  The Chairman noted that the balance of probability is a civil test, and reminded Members that they are asked to consider the Barrister’s recommendation regarding the statutory incompatibility defence.

The Monitoring Officer advised Members that the balance of probabilities is a civil test i.e. more likely than not.  She also advised Members that the statutory incompatibility issue is a legal question. That means members cannot lawfully come to a different judgement on the facts as it’s not a question of discretion for them to find that the statutory incompatibility defence fails and they would need to be able to explain why the inspector’s legal analysis is wrong. If the recommendation is that it fails and you vote against the recommendation, this process has then come to an end, and it would be open for you as Registration Authority to seek advice regarding procedural processes for the future.  The recommendation is that you refuse, but if you don’t agree, it doesn’t mean that it’s not granted, as there would need to be a public enquiry.

Councillor Gareth Lloyd asked for clarification as to whether there is an appeal process if the application is rejected; whether the land where Hafan y Waun was built was also subject to the same educational clause and therefore creates a precedent; and what are the implications of repurposing of the land in the Local Development Plan. 

Councillor Elizabeth Evans noted that Councillor John Roberts was unable to attend the meeting today, however he had submitted a written comment which Councillor Elizabeth Evans read on his behalf.  The written statement noted that the land had been dedicated for education purposes; however a decision was made to build the new Ardwyn School elsewhere.  In the meantime, the use of the land had changed incrementally and no longer bears resemblance to its original purpose.

Councillor Gareth Davies noted that there was no educational clause upon the land when it was initially purchased, and that during a meeting held 12 June 1985, Dyfed County Council resolved to lease the land at Erw Goch to Ceredigion District Council for use as community playing fields.     He noted that residents had used part of the land for football and that the Waun Shield used to be held there many years ago.  He stated that the educational purpose element had been given up years ago, however the Barrister’s report does not give any consideration to this.  He also noted the value placed by the Wales Planning Policy in relation to green spaces.

Councillor Matthew Vaux proposed a recorded vote.  This was seconded by Councillor Paul Hinge and agreed unanimously.

A Recorded vote was taken, as agreed and in accordance with Rule 14.5 of the Council Procedure Rules contained in the Council’s Constitution.

For:  None (0)

Against: Clive Davies, Euros Davies, Gethin Davies, Ifan Davies, Marc Davies, Meirion Davies, Rhodri Davies, Amanda Edwards, Endaf Edwards, Elizabeth Evans, Eryl Evans, Gwyn Wigley Evans, Raymond Evans, Wyn Evans, Keith Henson, Paul Hinge, Hugh Hughes, Gwyn James, Gareth Lloyd, Sian Maehrlein, Ann Bowen Morgan, Caryl Roberts, Mark Strong, Wyn Thomas, Matthew Vaux, Alun Williams, Carl Worrall and Maldwyn Lewis (28)

Abstain: None (0)

Accordingly, the recommendation did not pass.