Agenda item

The Rights of Way Committee has the power to determine the accompanying application to register land and buildings lying to the south west of Tweed Row, Horncliffe, Berwick upon Tweed (described by the applicant as the Horncliffe Play Park).  The Committee will need to satisfy themselves that the requirements for registration have been met or not met, as the case may be. 

C. Humphries – Principal Lawyer introduced the report. Members were asked to determine the accompanying application to register land and buildings lying to the south west of Tweed Row, Horncliffe, Berwick upon Tweed (described by the applicant as the Horncliffe Play Park).

A letter from Mike Robbins, Strategic Estates Manager was provided to the committee and read: “I have been advised by Horncliffe Parish Council that they have applied for land in their ownership to be dedicated as Village Green.

The land in question was transferred to the Parish Council by Berwick upon Tweed Borough Council on 26 February 2009, comprising land for a children’s play area.

The Transfer contained a clause which limited the use to children’s playground. The question has been raised as whether Northumberland County Council as beneficiary of the covenant (following Local Government Reorganisation in 2009) would invoke this covenant to prevent the land being declared village green.

I can confirm that as the person within the Council responsible for its property assets that the Council considers that the use as a Children’s playground is entirely compatible with the requirements of a village green and would be happy for the designation to proceed. The Council as landowner does not see this covenant as an impediment to the Village Green will not take any action to enforce this.”

Councillor Hardy proposed to accept the officer’s recommendation, this was seconded by Councillor Wallace.

A vote was taken and was unanimous.

RESOLVED that the committee approved the registration of the land and buildings lying to the south west of Tweed Row, Horncliffe, Berwick Upon Tweed (otherwise referred to by the applicant as the Horncliffe Play Park) as a Village Green and the Commons Registration Authority Register of village Greens updated accordingly.

Councillors Towns and Swinbank left the meeting.