Decision Maker: Head of Administration & Law and Monitoring Officer
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
To consider and determine on behalf of the Carmarthenshire County Council as Registration Authority the application for registration of land at Maespiode, Llandybie dated 4th March 2017 as a Town or Village Green under section 15 of the Commons Act 2006.
That the application be refused on legal grounds and that no part of the land to which the application relates should be added to the statutory register of Town or Village Greens maintained under the Commons Act 2006.
The Applicant, Mr. Melvyn Thomas, has not made out his case for registration under section 15(2) of the Commons Act 2006 because the use of the land is determined to be “by right” ie. with the permission of the Council, rather than “as of right”, as per the precedent of the Supreme Court in the case of R (on the application of Barkas) v North Yorkshire County Council and Another 2014.
Publication date: 16/04/2019
Date of decision: 15/04/2019
Effective from: 26/04/2019