Agenda and draft minutes

Members and officers must declare any pecuniary or personalinterest in any business on the agenda. They should also make declarations at any stage such an interest becomes apparent during the meeting. Consideration should be given to leaving the meeting if the nature of the interest warrants it. If in doubt, contact Democratic Services before the meeting.

In accordance with the County Council’s Code of Conduct, because Cllr Nigel Jupp had a Personal Interest in Item 4: TVG 31/52 he elected to sit as a Planning and Rights of Way Committee member for this application and not speak as the local County Councillor due to the application being in his electoral division of Southwater and Nuthurst.

The Committee is asked to confirm the minutes of the meeting held on
4 February 2025 (cream paper).

43.1   Members queried whether the reference in minute 40.5 of the last meeting of 4 February 2025 to deer proof fencing should in fact refer to stock proof fencing or remain as it is.  The Committee agreed that the clerk will cross check references in the Committee report to determine which phrase should be used, and that if the minutes require amendment then the Chairman shall sign any necessary amendments accordingly.*

43.2   The Committee resolved:

That, subject to the matters outlined in minute 43.1 above, the minutes of the meeting of the Committee held on 4 February 2025 be approved and that they be signed by the Chairman.

* Following the meeting, the members raising the point and the Chairman were advised that in the Committee report for application WSCC/001/24 there is one reference to stock proof fencing and two references to deer proof fencing, with the phrase “deer proof fencing” used in the Condition 1 ‘Temporary Permission and Implementation’.  On that basis, the phrase “deer proof fencing” should remain in the minutes because it reflects the term used in the Condition within that report, and if this remains the term used in the proposed Condition in the upcoming report, due to return to the Committee following deferral of the application, should the application be approved at a future meeting this would be a legal requirement as part of the planning permission.

Items not on the agenda that the Chairman of the Committee is of the opinion should be considered as a matter of urgency by reason of special circumstances.

44.1   There were no urgent matters.

Report by the Executive Director of Law, Assurance and Insight.

The Committee is asked to consider and determine the following application:

Application under S.15 of the Commons Act 2006 for the registration of land claimed to have become a town or village green.

Land known as Open Space adjacent to Nutham Lane and Cedar Drive, Southwater.

TVG 31/52 - Application under S.15 of the Commons Act 2006 for the registration of land claimed to have become a town or village green.  Land known as Open Space adjacent to Nutham Lane and Cedar Drive, Southwater.

45.1   The Committee noted that during the hearing of this application,
Cllr Jupp would relinquish his seat as a County Councillor and take no part in the debate or vote on the application and would speak on the application only in his position as the local County Councillor for Southwater and Nuthurst.

45.2   The Committee considered a report by the Executive Director of Law, Assurance and Insight, as amended by the revised Appendix 1 (b), location plan provided in the Agenda Update Sheet (copies appended to the signed minutes).  The report was introduced by Naomi Taite, Legal Assistant, who outlined the application and the key points including the evidence and legal tests, and clarified the following:

• A minor amendment was made to the location plan (Appendix 1 (b)) to ensure that the boundary of the application site does not include any part of footpath FP3794.  This revised location plan properly reflects the application plan and sets out the extent of the Village Green that will be registered should the application be approved by the Committee.

45.3   Mr Charles Fentiman, the applicant, a local resident of 30 years, spoke in support of the application.  The aim of the application for Village Green status is to safeguard, from possible future development, a much-loved piece of land.  Over the last 30 years Mr Fentiman has been aware of people freely using the land for all types of activities including dog walking, picnics, children playing and various social events.  Historically, the land was used for keeping pigs, as mentioned by two witnesses who visited it as far back as the 1970s.  In addition to use of the land for leisure activities, the importance of biodiversity and wildlife was raised with examples given.  It was noted that the land has been used on a few occasions by air ambulance helicopters.  The land is much appreciated by the local community who clearly wish to continue to use it as a Village Green.

45.4   Nicola Brown, a local resident of 20 years, spoke in support of the application and declared that although she is also a Southwater Parish Councillor she would be speaking on this application as a local resident.  The land [also referred to here as the green] has been an integral part of her family’s lives, with their sons and their friends using the green from a young age to play independently, including games of football, cricket and rounders.  Other young children now do the same.  The application was supported by 100 people.  The land has been used every day by locals living around the green and further afield for activities such as family picnics, family fun days, horse riding, dog walking, children playing ball games and just sitting and chatting.  Use by helicopters and an emergency  ...  view the full minutes text for item 45.

The next meeting of the Committee will be held at 10.30 am on Wednesday,
30 April 2025 at County Hall, Chichester. 

Report by the Head of Planning Services, Executive Director of Law, Assurance and Insight and Assistant Director (Highways Transport and Planning).

The Committee is invited to ask about planned agenda items and to note the following report:

Current Planning Applications, Current Definitive Map Modification Orders (DMMOs), Town and Village Green Applications (TVGs) and Public Path Orders (PPOs) under investigation.

46.1   The Committee noted that its next scheduled meeting would be held at 10.30 am on 30 April 2025 at County Hall, Chichester.

46.2   Officers advised that applications that may be ready for determination at the 30 April 2025 Planning and Rights of Way Committee may include Planning Application: WSCC/001/24 and Definitive Map Modification Order Applications: DMMO 7/19 and DMMO 3/20; however, confirmation is required.  It should be noted that the scheduling of all applications may be subject to change.