Agenda Item No 7
The Vale of Glamorgan Council
Licensing Committee: 13th May, 2014
Report of the Operational Manager, Legal Services in Respect of the Vale of Glamorgan Commons Registration Authority
Application 1/2013 - To Register Land at Sully Terrace, Penarth as a Town or Village Green Under Section 15 of the Commons Act 2006
Purpose of the Report
1. To provide a formal update to Licensing Committee that the application to register an area of land bounded by Sully Terrace, Archer Terrace and Westbourne Road, Penarth has been withdrawn and will not require further consideration .
2. The Vale of Glamorgan Council is the Registration Authority for the administrative area by virtue of the Commons Act 2006 ('The Act'). This function is carried out by the Council. The Registration Authority has the responsibility under the Commons (Registration of Town or Village Greens) (Interim Arrangements) (Wales) Regulations 2007 ('the Regulations') in determining applications made under the Act. The Council’s statutory functions and responsibilities as a Registration Authority are independent to its other statutory and non statutory functions and the Registration Authority should not therefore consider any impact upon the Vale of Glamorgan Council when considering applications.
3. An initial report was presented to this Committee on 5th November 2013 in respect of the application and a copy of that report and minute is attached hereto as Appendix 1. [Minute Extract]
4. Subsequent to the Committee on 5th November, the applicant decided to withdraw the application and formal confirmation of this has been received.
5. Following receipt of the letter confirming withdrawal, the application will not be considered further.
That Licensing Committee note the content of this updating report and that the application will not be considered further.
Reason for the Recommendation
Due to the withdrawal of the application.
6. This is set out in the report to Licensing Committee dated 5th November and attached as Appendix 1
Relevant Issues and Options
7. The application has now been withdrawn and will not be considered further.
Resource Implications (Financial and Employment)
8. The withdrawal of the application will result in the saving of costs associated with convening a non-statutory public inquiry to consider the evidence for and against the application.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
10. The Application had been made under S15(2) of the Commons Act 2006 and was to be considered by the Registration Authority under the procedure set out in the Commons (Registration of Town or Village Green) (Interim Arrangements) (Wales) (Regulations 2007).
Crime and Disorder Implications
Equal Opportunities Implications (to include Welsh Language issues)
13. The Registration Authority is under a duty to maintain a Register of Town or Village Greens and to consider any applications independently.
Policy Framework and Budget
14. Not applicable due to the withdrawal of the application
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
16. Corporate Resources
Geraint Davies – Senior Lawyer, Legal Services
Operational Manager, Legal Services