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North Yorkshire County Council Planning and Regulatory Functions

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North Yorkshire County Council Planning and Regulatory Functions North Yorkshire County Council Planning and Regulatory Functions Sub Committee 14 June 2021 Application to correct mistaken registration of buildings wrongly registered as common land Commons Act 2006, Part 1 – Schedule 2 Paragraph 6 The Commons Registration (England) Regulations 2014 Regulation 42 and Schedule 4 Paragraph 14 Application Reference Number CA13 022 The Grandstand, The Zetland Stand and The Judges Box part of common land unit Richmond High and Low Moor (CL131) Report of the Corporate Director - Business and Environmental Services 1.0 Purpose of Report 1.1 To report on an application (“the Application”) seeking to remove from the register of Common Land buildings known as The Grandstand, The Zetland Stand and The Judges Box at the site of the former Richmond Racecourse, Low Moor, Richmond shown edged red on the plan Appendix 1. 2.0 Background 2.1 Under the provisions of the Commons Act 2006 (“the Act”) the County Council is a Commons Regulation Authority (“CRA”) and so responsible for maintaining the Registers of Common Land and Town and Village Greens for North Yorkshire. 2.2 Schedule 2(6) of the Act sets out that:- 6(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of common land. (2) This paragraph applies to land where— (a) the land was provisionally registered as common land under section 4 of the 1965 Act; (b) on the date of the provisional registration the land was covered by a building or was within the curtilage of a building; (c) the provisional registration became final; and (d) since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building. (3) A commons registration authority may only remove land under sub-paragraph (1) acting on— (a) the application of any person made before such date as regulations may specify; or (b) a proposal made and published by the authority before such date as regulations may specify. NYCC – 14 June 2021 – P&RF Sub Committee The Grandstand, The Zetland Stand and The Judges Box part of common land unit Richmond High and Low Moor /1 OFFICIAL 2.3 In turn those elements of the Commons Registration (England) Regulations 2014 (“the Regulations”) Schedule 4 Paragraph 14 relevant to the Application state: Applications under Schedule 2: non-registration or mistaken registration 14. (1) An application made under Schedule 2 to the 2006 Act, for the purpose of remedying non-registration or mistaken registration under the 1965 Act, must be made on or before— (a) 31st December 2020, where the application is to an original registration authority; and (b) 15th March 2027, where the application is to a 2014 registration authority. (2) An application made under Schedule 2 to the 2006 Act must include a description of the land to which the application relates. (6) An application made under paragraph 4, 5, 6, 7, 8 or 9 of Schedule 2 to the 2006 Act must include evidence of the application of the appropriate paragraph, as described in paragraph 4(2), 5(2), 6(2), 7(2), 8(2) or 9(2) of that Schedule, to the land to which the application relates. 2.4 A CRA needs to be satisfied on the balance of probabilities that all the elements of Schedule 2 (6) of the Act and Schedule 4 (14) of the Regulations have been demonstrated to have been met by an application relying on those provisions for it to be approved. 3.0 Application 3.1 The Application seeks to remove from the register of Common Land buildings known as The Grandstand, The Zetland Stand and The Judges Box at the site of the former Richmond Racecourse, Low Moor, Richmond Appendix 1. 3.2 The Application Site consists of three buildings; one the remains of the building known as the Grandstand, the second, the Zetland Stand, sits next to the Grandstand and the third is the less derelict building known as the Judges Box. These buildings were built to support the horse racing competitions held on the Richmond Racecourse in the late 1700s and 1800s. Photographs showing the Application Site as it is today comprise Appendix 2. 3.3 The Application was submitted by The Richmond Burgage Pastures Committee through their solicitors Lupton Fawcett LLP (“the Applicant). The Application was received by the County Council on 4 May 2020 and was accepted as being duly made on 14 May 2020. A copy of the application as completed by the Applicant together with relevant supporting documentary evidence comprises Appendix 3. 3.4 Application Site Timeline: 1776-1777: Construction of the Grandstand. A two storey building to house horse racing associated functions and to provide a comfortable area to socialise and watch the horse races from the large windows, first floor balcony or the balustrade roof This building would also have been used to host meetings, military parades and other sporting events (see the historical report submitted by the applicant, written by Professor Dr Mike Huggins at the end of Appendix 3). 1814: Judges Box built for the judge to observe the race and to weigh the horses before and after the race. NYCC – 14 June 2021 – P&RF Sub Committee The Grandstand, The Zetland Stand and The Judges Box part of common land unit Richmond High and Low Moor /2 OFFICIAL c1850: The Steward’s Stand believed to have been built. 1883: The Steward’s Stand or Zetland Stand was upgraded as a private stand for elite supporters, away from the general public. 1891: The last race held at the racecourse. 1892: Horse-racing officially abandoned at the venue. 1904: The Grandstand building was used as an isolation hospital and the building continued to be maintained until 1941. 1939-1945: Used as an observation post and the iron railings around the Grandstand removed to be re-used as munitions. 1952: The Grandstand listed as a Grade II building. 1968: Buildings included in the provisional registration as common land. 1970: Grandstand and Zetland Stand partly demolished for safety reasons. 1989: Fencing erected around the Grandstand and Zetland Stand for safety reasons and some stonework removed. 2020: The Richmond Burgage Pastures Committee submit an application seeking to remove the buildings from the common land register. 4.0 Representations 4.1 In accordance with Section 21 of the Regulations it is the Registration Authority’s duty to publicise the application by serving notices on the County Council website, on site and to anyone listed in Schedule 7 of the Regulations. This is in order to invite representations from interested parties. The notices were posted on 2 June 2020, the notice period being at least 42 days in accordance with Section 21(5)(a) of the Regulations. 4.2 There were four representations received in response to the notice: one in support of the application from Mr Bryn Roberts Appendix 4. Three representations were received objecting to the application. Although the Open Spaces Society did not object to the buildings being removed from the register, they objected to the extent of the curtilage around those buildings that the application was seeking to remove from the register Appendix 5. Baroness Harris objected to the removal of the land suggesting that the evidence submitted was not adequate to justify the deregistration of the land and buildings and that the area included as the Application Site extended beyond the footprint of the former building, diminishing the extent of the common land Appendix 6. The final objection was submitted by Town Councillor Harris who also objected to the Application on the grounds that it was not necessary to deregister the Grandstand building as it was an integral part of the Racecourse and so would have meant to be included in the original registration and expressing concern over any subsequent vehicular access across the common Appendix 7. 4.3 In response to the objections made by Baroness Harris and Councillor Harris, the applicant’s representative argues that, the objections are misconceived as it is not correct that the buildings could have been registered as common land. The applicant also states that Councillor Harris’ concerns over any potential conflict between users of the common and vehicles accessing the buildings was not relevant to their application meeting the necessary criteria Appendix 8. NYCC – 14 June 2021 – P&RF Sub Committee The Grandstand, The Zetland Stand and The Judges Box part of common land unit Richmond High and Low Moor /3 OFFICIAL 4.4 In response to the Open Space Society’s objection as to the extent of the curtilage, the applicant states that they commissioned Dr Huggins’ report (which was submitted with the Application), to assist in making an informed choice regarding the extent of the curtilage for these historic buildings and that the Open Spaces Society were taking a more minimalistic approach based only on an illustration of the Grandstand provided in Dr Huggins’ report Appendix 8. 4.5 The Open Spaces Society made further comments stating that Dr Huggins’ conclusions did not take into account case law on the definition of curtilage and that any evidence of use of the land when the buildings were being used is not relevant to the use of the land between the date of registration and now Appendix 9. 4.6 The Applicant confirmed that they had no further comments to add in response to The Open Spaces Society’s representations Appendix 10. 4.7 The Applicant provided further information and photographs regarding the extent of the curtilage following my request Appendix 11.
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