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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 03/06/2003
Access to Building Plot adjoining Oak Tree House, Dunsfold Common



Summary & Purpose
This report describes a situation at Dunsfold Common and outline options for the Council in the light of works that have already been carried out.

Quality of Life Implications
Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe Communities
Local Economy
Natural
Resource Use
Pollution
Prevention and Control
Biodiversity
and Nature
Local
Environment
Social
Inclusion
Safe, Healthy
and Active
Communities
Local
Economy
N/A
N/A
N/A
N/A
N/A
Positive
N/A


APPENDIX G

WAVERLEY BOROUGH COUNCIL

EXECUTIVE – 3RD JUNE 2003

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Title:

ACCESS TO BUILDING PLOT ADJOINING OAK TREE HOUSE, DUNSFOLD COMMON
[Ward Affected: Chiddingfold & Dunsfold]
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Note pursuant to Section 100B(5) of the Local Government Act 1972

An annexe to this report contains exempt information by virtue of which the public is likely to be excluded during the item to which the report relates, as specified in Paragraph 12 of Part I of Schedule 12A to the Local Government Act 1972, viz:- Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:-

(a) any legal proceedings by or against the authority, or

(b) the determination of any matter affecting the authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

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Summary and purpose:

This report describes a situation at Dunsfold Common and outline options for the Council in the light of works that have already been carried out.

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Quality of life implications – social, environmental & economic (sustainable development):

The legal matter on which approval is sought has no quality of life impacts due to its nature and the site concerned.

E-Government implications:

There are no e-government implication associated with this report due to the nature of the recommendations.

Resource and legal implications:

The resource and legal implications are described in (Exempt) Annexe 2.

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Introduction and Background

1. The building plot in question is outlined on the plan at Annexe 1. Planning permission was granted on 3rd July 2002 for the erection of a detached dwelling and garage on the land under reference WA02/0468. Previous applications, which provided for garaging/parking on the part of the common shown hatched, which is not in the Council’s ownership, were refused.

2. There is no easement of access (right to use the route across the Council’s land) to the building plot either from the front via Oak Tree Lane or from the rear via Alehouse Field over a track which also crosses common land in the Council’s ownership. Public Footpath No. 285B runs along Oak Tree Lane. The track is not a public highway for vehicles.

3. In order to access this plot, the applicants will require an easement. There have been several recent Court of Appeal cases to support this. However, works have commenced via Alehouse Field which still necessitates crossing Council land.

4. Dunsfold Common is included within the Commons Regulation Scheme made by the former Hambledon Rural District Council under the Commons Act 1899 and is subject to the byelaws made thereunder. The Council has a duty under the Commons Regulation Scheme to maintain the common free from all encroachments and not to permit any trespass on or partial or other enclosure of any part thereof. It is an offence under the byelaws without lawful authority to drive over the common or on a public footpath under the provisions of Section 34 of the Road Traffic Act 1988 without consent of the landowner i.e. the Council.

5. The Council may proceed on one of the courses of action described in the (Exempt) Annexe.

Recommendation

It is recommended that the Council proceeds in accordance with the proposal outlined in (Exempt) Annexe 2 to this report.

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Background Papers (CEx)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

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CONTACT OFFICER:

Name: Lorraine Parsons Telephone: 01483 523231
E-mail: lparsons@waverley.gov.uk

comms/executive/03-04/116