Plan to follow.

  Councillor I Lewis declared a personal interest in this matter by virtue of a family members’ employment.

  Councillor M Johnston declared a prejudicial interest in this matter by virtue of the fact that a close relative occupies the premises adjacent to the site and left the room during its consideration.

The Director of Law, HR and Asset Management reported that the Council was the Registration Authority under s15 of the Commons Act 2006.  It was therefore responsible for determining applications made under that legislation for the registration of land as a Town or Village Green. The Council was also the landowner of The Warrens Demonstration Area site. Counsel had advised that the Registration Authority should only proceed to consider an application to which there were objections and where the Council was also the landowner, after receiving the report of an independent expert who had, at the registration authority’s request, held a non-statutory inquiry.

The Registration Authority had received an application for registration of land at The Warrens Demonstration Area, Thingwall, as a Town and Village Green.  Following publication of the statutory notice, objections had been received. The Committee was therefore requested to approve the appointment of an independent expert to hold a public inquiry into the application and to make a report to the Committee prior to the Committee determining the application.

The Committee was also requested to recommend to Council that the Scheme of Delegation of Functions to Officers be amended so that the Director of Law, HR and Asset Management be given delegated authority to approve the appointment of an independent expert to hold a public inquiry relating to s15 Commons Act 2006 applications where there were objections to the application and where the Registration Authority was also the landowner.

It was moved by Councillor C Blakeley and seconded by Councillor I Lewis that -

“This Committee:

(1)  agrees the appointment of an independent expert to hold a public inquiry into the application under S15 Commons Act 2006 for the registration of land at The Warrens Demonstration Area as a Town or Village Green and that the independent expert be requested to then report to the Committee prior to this Committee determining the application.

(2)  agrees that the Director of Law, HR and Asset Management in consultation with the Chair of this Committee and where the Council is landowner and interested party the portfolio holder for Corporate Services formally appoint a suitably qualified expert to hold the non-statutory Public Inquiry.

(3)  recommends to Council that the Scheme of Delegation of Functions to Officers be amended so that the Director of Law, HR and Asset Management be given delegated authority in consultation with the Chair of this Committee and where the Council is land owner and interested party the portfolio holder for Corporate Servics to approve the appointment of an independent expert to hold a public inquiry relating to S15 Commons Act 2006 application where there are objections to such an application and where the registration authority is also land owner and that this be done prior to 31 October 2011.”

Reference was subsequently made to an email having been sent from a Cabinet Member to the Director of Law, HR and Asset Management and some Members of the Committee regarding this matter.  As a consequence, Councillors B Davies, C Jones and J Salter abstained from voting on this matter.

The motion was put and carried (6:0).

Resolved (6:0) (3 abstentions) -

That this Committee:

(1)  agrees the appointment of an independent expert to hold a public inquiry into the application under S15 Commons Act 2006 for the registration of land at The Warrens Demonstration Area as a Town or Village Green and that the independent expert be requested to then report to this Committee prior to the Committee determining the application.

(2)  agrees that the Director of Law, HR and Asset Management in consultation with the Chair of this Committee and where the Council is landowner and interested party the portfolio holder for Corporate Services formally appoint a suitably qualified expert to hold the non-statutory Public Inquiry.

(3)  recommends to Council that the Scheme of Delegation of Functions to Officers be amended so that the Director of Law, HR and Asset Management be given delegated authority in consultation with the Chair of this Committee and where the Council is land owner and interested party the portfolio holder for Corporate Services to approve the appointment of an independent expert to hold a public inquiry relating to S15 Commons Act 2006 application where there are objections to such an application and/or where the registration authority is also land owner and that this be done prior to 31 October 2011.