COMMONS ACT 2006 - SECTION 38
PROPOSED WORKS ON TELSCOMBE TYE, EAST SUSSEX APPLICATION REFERENCE NUMBER COM 263
Public Inquiry now scheduled for 10.00 am on 28 June 2012 at Telscombe Civic Centre.
Says Stephen Waterfield
Common Land Enforcement and Specialist Casework Division, The Planning Inspectorate
I refer to the above mentioned application for works to common land at Telscombe Tye, East Sussex, my recent emails with regard to the date of the Inquiry and my email to the applicant below.
As you know following representations received we have decided to hold a local inquiry to hear evidence in relation to this application. The Inquiry will now open at 10.00 am on 28 June 2012 at Telscombe Civic Centre, 360 South Coast Road, Telscombe Cliffs, East Sussex BN10 7ES.
Guidance Sheet 3, available on our website, gives general information about inquiries/hearings.
The arrangements for giving notice of the inquiry are set out in Regulation 10 of The Works on Common Land, etc (Procedure) (England) Regulations 2007 (SI 2007 No 2588). A minimum of six weeks' notice must be given to all interested parties.
A copy of the official notice (attached) giving the above details of the arrangements will be published by us in a local newspaper at least 6 weeks in advance of the event. We have also asked the applicant to post copies of the notice on the site and at the inspection point used previously for the application documents. We will also publish a copy on our website.
All written objections and representations received by the Department will be made available to the Inspector holding the inquiry. If you are unable to attend the inquiry in person, you may arrange to be represented at the inquiry or submit further written representations to the Inspector. If you wish to submit such representations, these should be sent to me at the above address no later than 31 May 2012.
The Inspector may, if he chooses, hold a pre-inquiry meeting under Regulation 13. This would determine the matters to be addressed and the procedure to be followed at the inquiry. If the Inspector decides to hold a pre-inquiry meeting, we will give you at least two weeks' notice of the date.
OBJECTION TO THE APPLICATION FOR FURTHER ENCLOSURE OF COMMON LAND AT TELSCOMBE TYE.
THE COUNCIL ARE NOT OWNERS, AND, THEREFORE, THE APPLICATION IS MADE THROUGH FALSE REPRESENTATION.
Says Tony Barnett
I WISH TO SUBMIT MY OBJECTION TO THE APPLICATION FOR ENCLOSURE, ON THE GROUNDS THAT ENCLOSURE OF ALL COMMON LANDS WAS REPEALED BY SECTION 47-1 OF THE 2006 COMMONS ACT.
ENCLOSURE WAS FURTHER PROHIBITED UNDER SECTION 47-2 OF THE 2006 COMMONS ACT.
I ALSO SUBMIT FURTHER OBJECTIONS TO THE ENCLOSURE, CITING THE APPLICATION HAS BEEN MADE BY THE LOCAL AUTHORITY CLAIMING TO BE OWNERS,AS THERE ARE NO PRE-REGISTRATION OF TITLES TO THIS COMMON, THE COUNCIL THEN ARE NOT OWNERS, AND AS SUCH THE COMMON IS A SECTION 45 OF THE ACT, THEREFORE THE APPLICATION IS MADE THROUGH FALSE REPRESENTATION.
THE COMMON HAS REGISTERED COMMONERS IN SITU, AND AS THE ACT STATES THEY MAY NOT LET, LEASE, SELL OR EXTINGUISH THOSE RIGHTS SO REGISTERED, THE COUNCIL NOT BEING "TITLED" WILL NOT QUALIFY FOR "QUASI RIGHTS"
THE CROW ACT ALSO PROHIBITS ENCLOSURE.
AS OWNERS (LEGAL) THE APPLICANTS HAVE PROVIDED FOR THEM, THE RIGHTS TO APPLY FOR AN ORDER, UNDER SECTION 193 LPA 1925 ACT, TO EXECUTE A DEED OF DECLARATION AND ORDER OF LIMITATIONS, IN BOTH INSTANCES, DISCLOSURE IS DEMANDED.
I NOW SUBMIT THAT FULL DISCLOSURE IS MADE PRE HEARING, TO ALL, AS EVIDENCE, THAT THE APPLICANTS WILL RELY ON.
I AM AWARE OF HISTORICAL RECORDINGS OF THE COMMON AND AREA, BUT THE COMMON LANDS THEMSELVES WERE NOT DEMENSE LANDS OF THE LORDSHIPS MANOR!