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Application for Registration of Land Known As Roebuck Field, Ruardean Woodside As a Town Or Village Green

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Application for Registration of Land Known As Roebuck Field, Ruardean Woodside As a Town Or Village Green REGULATORY BOARD COMMONS AND RIGHTS OF WAY COMMITTEE 22nd SEPTEMBER 2005 AGENDA ITEM: Application for Registration of Land known as Roebuck Field, Ruardean Woodside as a Town or Village Green Commons Registration Act 1965 Report of the Head of Legal and Democratic Services 1. Purpose of Report To consider the following application: Nature of Application: Application for the registration of land at Roebuck Field, Ruardean Woodside as a Town or Village Green. Parish: Ruardean Woodside Name of Applicant: Ruardean Woodside Millennium Committee Date of Application: 24 October 2003 2. Recommendation That the application by the Ruardean Woodside Millennium Committee for the registration of land at Roebuck Field, Ruardean Woodside (which is shown edged red on the map annexed hereto numbered …..A) as a Town or Village Green pursuant to Section 13 of the Commons Registration Act 1965 should be refused for the reasons set out in the Inspector’s report dated 28 July 2005. 3. Resource Implications The legal cost in taking each application to the Committee is in the region of £1,000. In addition, there are administrative costs in processing the application and the giving of the requisite statutory notices. Should any of the parties desire a “non statutory public inquiry” before final determination by the Registration Authority, the costs will be significantly increased. In this case, such an inquiry did in fact take place and the Inspector’s costs were in the region of £6,500 plus VAT. However, this cost needs to be balanced against the costs of a potential judicial review which could exceed £10,000. 4. Sustainability Implications No sustainability implications have been identified with respect to this application. jpmms123.doc 1 5. Statutory Authority Section 13 of the Commons Registration Act 1965 provides for the amendment of the registered Town or Village Greens maintained by the County Council as Registration Authority, where “any land becomes ….. a Town or Village Green”. Any person may make an application to the Authority for the amendment of the Register provided that the criteria set out in Section 22 of the Act for the establishment of a Town or Village Green is met. The County Council is obliged to consider any such application, duly made, in accordance with the relevant application and to register any land should that statutory criteria be met. 6. Departmental Contact Mrs June Moores, Lawyer, Highways, Legal & Democratic Services. Telephone: Gloucester (01452) 425099 Email: [email protected] 7. Report Description 7.1 The land, the subject of the application, is known as Roebuck Field. This is an area of some 4 acres in size and bounded on the south by the Memorial Hall, Roebuck Meadows and Marfell’s Way; on the north by The Patches a public highway; between residential premises fronting Wesley Road on the western side, and premises fronting Duttons Lane on the east. The new development at Roebuck Meadows and Marfell’s Way stands roughly on the location of the former Roebuck Inn, demolished as a precursor to this development. At present the only formal access to this field lies along Marfell’s Way which abuts the field, ending at a vehicular gate and a stile. There was until a few months ago, an easy pedestrian access into the field along the side of the memorial hall. This has now been fenced off by the objector. The field itself slopes down from the east. It is grassed with the western most half being cut fairly short, whilst the eastern half being rather scrubbier in appearance. Three mature Sycamore trees stand in a line at the entrance to the field off Marfell’s Way marking the division between cut grass and scrub. 8. General 8.1 This is an application under Section 13 of the Commons Registration Act 1965 which provides for the amendment of the Register of Town or Village Greens maintained by the County Council where “any land becomes …. a Town or Village Green”. Under the provisions of the 1965 Act this could happen in any one of several ways but the only one of relevance in the present day is the actual use of the land by local inhabitants for lawful sports and pastimes as of right for not less than 20 years. 8.2 The Countryside and Rights of Way Act 2000 has amended the definition of Town and Village greens currently contained in Section 22 of the 1965 Act and which came into force on 13 January 2001. The section introduces jpmms123.doc 2 reference to a “neighbourhood” and provides that the use of the land for lawful sports and pastimes must be by a significant number of people from the locality or neighbourhood, rather than simply by the “inhabitants”. This section will provide for regulations to be made in due course regarding the details of procedures to be followed in the event that a time limit for lodging applications is introduced. 9. Background 9.1 The aim of the Commons Registration Act 1965 was to establish registers to be maintained by the County Council as registration authority for common land or Town/Village Greens and which would contain information about the status of the land, any rights over it and ownership of the land in question. However, under the legislation, any land which was not registered during the relevant registration period (which expired on 2 January 1970) would lose its status and any unregistered rights would be unenforceable. The area of land which is under consideration was not registered at that time and is not shown on the Council’s Registers as either Town or Village Green or Common Land. 9.2 Section 13 of the Act permits applications based on claimed use for 20 years or more to be considered and, if appropriate, for the land to be included in the register thus protecting its status for the future. The procedure which has to be followed is set out in the relevant regulations which are the Commons Registration (New Land) Regulations 1969. 9.3 Members should be aware of the difference between Common Land and Village Green. By statutory definition, contained in Section 22 of the Act, Common Land means: (i) land subject to rights of common whether those rights are exercisable at all times or during limited periods. (ii) waste land of the manner not subject to rights of common: but does not include Town or Village Green or any land which forms part of a highway. Town/Village Green is defined in Section 22 as land “on which the inhabitants of any locality having indulged in lawful sports and pastimes as of right for not less that 20 years”. As indicated above, this definition has been amended by the Countryside and Rights of Way Act 2000. Rights of Common (for example grazing) can be registered over either category of land but normally only exists over common land. 10. The Application and Background 10.1 Dr Steve Gibbons, Secretary of Ruardean Woodside Millennium Committee, made an application for the registration of an area of land known as Roebuck Field, Ruardean Woodside, in the County of Gloucestershire as a Town or Village Green pursuant to Section 13 of the Commons Registration Act 1965. By the application dated 24 October 2003 made on Form 30, Dr Gibbons jpmms123.doc 3 requested the Commons Registration Authority of Gloucestershire County Council to register Roebuck Field as a Town or Village Green on the basis that the inhabitants of the locality have indulged in lawful sports and pastimes as of right for not less than 20 years on the Roebuck Field, the land becoming registerable on 1 August 1990. The Authority advertised for objections to the application through the local newspaper on 25 March 2004. An objection dated 30th April 2004 to the application was raised by K W Bell & Son Limited. 10.2 K W Bell & Son Limited is a well known development company within the Forest of Dean and owns the freehold interest of Roebuck Field and the surrounding land since 1992. Mr Keith Bell, the guiding force behind the Company and who is the objector in this matter, has since late 1995 carried out a significant house building programme on land near and adjacent to Roebuck Field. 10.3 The history behind the relevant buildings within the area is that Roebuck Public House is shown on an ordnance survey map of 1878. It appears to have been demolished or rebuilt at some time subsequently – the later Roebuck Inn is in a slightly different location. Roebuck Fields are shown marked on Ordnance Survey Grid 527 and 528 and being reached (on their northern boundary) by a highway. On the eastern, southern and western side the fields are shown bounded by other properties or closes, save that on the south west boundary it is shown as abutting on rough ground which it is itself crossed by a track. The Memorial Hall is a substantial building built on waste ground to the south west of Roebuck Fields and was constructed in about 1922. It comprises a main hall to the front with a proscenium stage. It has a rear door leading to the field. The hall has ancillary rooms to the rear, which the applicant suggests were intended to provide changing rooms relating to the sports on the field. The Roebuck Public House was sold to Mr K W Bell, the objector, in 1992 and demolished. The highways called Roebuck Meadow and Marfell’s Way and the 17 dwellings fronting them were built on the site, together with other land to the south of Roebuck Field between 1994 and 1997.
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