NORTH YORKSHIRE COUNTY COUNCIL

COMMONS ACT 2006 — SECTION 19

Notice of an application to correct the register Land at the War Memorial Site, Maunby (VG 65)

(Application Reference No. CA10 003)

To every reputed owner, lessee, tenant or occupier of any part of the land described below, and to all others whom it may concern. An application has been made to North Yorkshire County Council by Mr James Hill-Walker under Section 19(2)(a) of the Commons Act 2006 and in accordance with The Commons Registration (England) Regulations 2014. The application seeks to correct a mistake made by the Commons Registration Authority in registering land as part of the village green known as the War Memorial Site. If the application is granted, the register will amended in relation to the land described in the schedule below. The application and supporting documentation may be inspected by appointment during normal office hours at the following locations between the hours of 9.30am and 4.00pm:- North Yorkshire County Council, Business and Environmental Services, Commons Registration, County Hall, Northallerton, North Yorkshire DL7 8AD Any person wishing to make representations or to object to the application should send a statement of the facts on which the objection is based to “Common Land and Village Green Officer, North Yorkshire County Council, Business and Environmental Services, Commons Registration, County Hall, Northallerton, North Yorkshire DL7 8AD” or e-mail to commons.registration@northyorks.gov.uk on or before 23 November 2016. Any representations that are to be taken into account by the Authority in reaching a decision on the application cannot be treated as confidential, in accordance with Regulation 25 of the 2014 Regulations. Should the application be referred to the Planning Inspectorate for determination, in accordance with Regulation 26 of the 2014 Regulations, any representations will be forwarded to the Planning Inspectorate. Dated: 12 October 2016 Barry Khan Assistant Chief Executive, Legal and Democratic Services North Yorkshire County Council County Hall NORTHALLERTON

Schedule

Description of the village green claimed to have been mistakenly registered

Part of the land known as the War Memorial Site, Maunby, as edged red on the notice plan.

COMMONS ACT 2006

CA10 APPLICATION TO CORRECT THE REGISTER

LAND AT THE WAR MEMORIAL SITE, MAUNBY

NOTICE PLAN

FORM CAIO

Commons Act 2006: section 19

Application to correct the register

This section is for office use only

Official stamp Application number

Applicants are advised to read ‘Part 1 of the Commons Act 2006: Guidance to applicants’ and to note:

All applicants should complete boxes 1—8.

Any person can apply under section 19 of the Commons Act 2006.

• You will be required to pay a fee unless your application is to correct a mistake made by theregistration authority (section 19(2)(a)) orto remove a duplicate entry (section 19(2)(c)). Ask theregistration authority for details. You would have to pay a separate fee should your application bereferred to the Planning Inspectorate, unless it is to correct a mistake made by the authority or toremove a duplicate entry.

Nate I

Insert nameof commonsregistrationauthority

1. Commons Registration Authority

To the:

Tick one of the following boxes to confirm that you have:

enclosed the appropriate fee for this application:

or0

COMMONS ACT 2006

NORTH YORKSHIRE COUNTY COUNCIl

REGSTRATION AUTHORITY

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applied for a purpose in section 19(2)(a) or (c), so no fee is enclosed:

Note 4 4. Basis of application for registration and qualifying criteriaFor further detailsof the requirements Specify the register unit number to which this application relates:of an applicationrefer to Schedule4, paragraph 11 1,5 (M*’i) -

to the CommonsRegistration LJ&P Sccncmi, ?cee-t2) , kr” AS ti&loiRLS\11.

(England)Regulations 2014.

Specify the rights number to which this application relates (if relevant):

Tick one of the following boxes to indicate the purpose (described in section19(2)) of your application. Are you applying to:

Correct a mistake made by the commons registration authority:

Correct any other eligible mistake: CRemove a duplicate entry from the register: QUpdate the details of any name or address referred to in an entry: flRecord accretion or diluvion: Q

Note 5 5. Describe the purpose for applying to correct the register and theExplain why the amendment soughtregister should beamended and how

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Wote 6 6. Supporting documentationList all supporting

_______________________________________________

consents,documentsand maps

— OR-IYP RPPLcA-roJ Fog a’accompanyingthe application, Rppi-ior.i No. tff”t° IS (‘leaincluding evidenceof the mistake inthe register. There

Cia.Ra.r-r Rea-i&m.is no need tosubmit copies ofdocuments issuedby the registrationauthority or towhich it was a partybut they shouldstill be listed. Usea separate sheet ifnecessary.

Note 7 7. Any other information relating to the applicationList any othermatters whichshould be brought Mi . uA-S ;trJo.i tO tHC og tGi eL APeu cnrzc’J,

to the attentionof the registration te-r çr CO4PAtINa’ —W -rko

authority (inparticular if a rr Sat CflSfl-4i’ SLS To aat’a I’H fl-V 6a-

person interestedin the land is

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application forregistration). Full

,. sdetails should begiven here or on a NA et_ NO Li’ nJ65 )t’ 97S

separate sheet ifnecessary

Notes

1. Registration authoritiesThe applicant ihould take care to submit his application to

the arntet ngisfration authority. This depends on the situationof the land which is claimed to be a town or village green. Exceptwhere there is an agreement altering the general rule (see below).the registration authority for land in an administrative county isthe county council; for land in a county borough, it is the countyborough council, and for land in Greater London, it is theGreater London Council.

In the case of land which is partly in the nrea of one registration authority and partly in that of another, the authorities mayby agreement provide for one of them to be the registration authority for the whole of the land. Public notice is given of suchagreements, but an applicant concerned with land lying close tothe boundary of an administrative area, or partly in one area andpartly in another, should, if in doubt, enquire whether an agreement has been made and, if so, which authority is responsible forthat land.

2. MeanIng of “town or village green”

“Town or village green” is defmed in the Commons Registration Act 1965 as land which has been allotted by or under anyAct for the exercise or recreation of the inhabitants of anylocality or on which the inhabitants of any locality have a customary right to indulge in lawful sports and pastimes or on whichthe inhabitants of any locality have indulged hi such sports andpastimes as of right for not less than twenty years.

3. land descriptions

Except where the land has already been registered under theAct (as to which see below and Note 5), the particulars asked forat part 3 of the form must be given, and a plan must accompanythe application. The particulars in part 3 are necessary to enablethe registradon authority to identify the land concerned, but themain description of the land will be by means of the plan. Thismust be drawn to scale in ink or other permanent medium and beon a scaLe of not less, or not substantially less, than six inchesto one mile. It must show the land to be described by means ofdistinctive colouring (a coloured edging inside the boundnry willusually suffice), and it must be marked as an exhibit to the statutory declaration (see Note 4).

Where the land has already been registered and comprisesthe whole of the hard in one or more register units, a plau isunnecessary provided the register and register unit number(s) arequoted (see Note 5). if the application concerns wily part of theland comprised in a register unit, however, it will not always bepossible to dispense with a plan. A plan will not be needed ifthe land can be described by reference to some physical featuresuch as a road, a river or railway, so that the description might,(or example, read “The land in register unit No lying tothe soath of the road from A to B “. Where this method is notpracticable the land must be described by a plan prepared asmentioned above. In cases where the procedure of reference toan existing register unit is adopted, part 3 of the form should beadapted accordingly, and where no plan is submitted inappropriate references to a plan should be deleted.

4. Statutory declaration

The statutory declaration must be made before a justice ofthe peace, commissioner for oaths or notary public. Any planreferred to in the statutory declaration must be marked as anexhibit and signed by the officer taking the declaration (initialling is insufficient). A plan is marked by writing on the face inink an identifying symbol such as the letter ‘A’. On the backof the plan should appear these worth:

This is the exhibit marked ‘A’ referred to in the statutorydeclaration of (name of declarant) unde this (date) t9before me,

(Signature and quallilcation)

5. Previous registration: inspection and search ofregisters

It is possible that the land has already been registered underthe Act. If it has he:n registered as a town or village green itwill not be registered as sach again pursuant to a further application, but the further application will be noted on the register.This will entitle the applicant to notice of any objection to theregistration. If the land has been registered as common land,registration us a town or village green will take effect as anobjection to the earli’tr registration as common land and thelatter will take effect as an objection to the later registrationas a town or village green. It is also possible that the land isexempt from registration; the registration provisions of the Act donot apply to the New Foitat, Epping Forest or the Forest ofDean, nor to any land exempted by order under section II. Toascertain whether land has been registered under the Act, or isexempt, anyone may inspect the registers at the office of theregistration authority, or the copies of register entries affectingland in their areas held by other local authorities including parishcouncils. Alternatively, an official certificate of search may beobtained from the registration authority. A requisition for anofficial search must be made in writing on CR. Form No. 21,a separate requisition being required for each register, if the landis registered, the certificate will reveal the register unit number(s)and whether any rights of common and daims to ownership areregistered. If the land is exempt from registration, the certificatewill say so, and it will not be possible to register it under the Act.

6. SubmissIon of application: fees

The application must reach the registration authority properlycomplctcd during one of the registration periods allowed underthe Act. ‘The lint registration period begins on 2nd January, 1967and ends on 30th June, 1968, and the second begins on 1st July,1968 and ends on 2nd January, 1970. There is no charge for applications made during the lint registration period, but every application made during the second registration period must be aecompanied by a fcc of £5, unless—

(a) during the first registration period the applicant gave theregistration authority notice in C.R. Form No, 5 of his intention to make the application, or

(b) the land did not become registrable as a town or villagegreen until after 30th April 1968.

If (a) applies, the applicant should quote in paP 4 of the applicathin the number on the acknowledgment from the registrationauthority. If (ii) anplics, he should state in part 4 when and bywhat means the land became a town or village green.

7. Action by registration authority‘The registration authority will on receipt of the application

send an aknowledginent. if this is not received within 10 days theapplicant should communicate with the authority. Later, theapplicant will be informed whether the application has beenaccepted or rejected. if it is accepted, then—

(a) ii thc land is not already registered as a town or villagegrec9, it will be provisionally registered as such, or

(Ii) if it is already registered as a town or village green, theapplication will be noted on fire register.

The applicant will in either case be informed, and will in duecourse be notified of any objection to the registration. (As toobjections, see the official explanatory booklet “Common Land “,

available free from local authorities.)

3. False statenents: groundless applications

‘Ihe making of a false statement to procure registration mayrender the maker liable to provxution. Moreover, a registrationwhich is objected to will, unless the registration authority permitsit to be cancelled, or the objection is withdrawn, be referred toa Commons Commissioner. If, at the hearing before the Commissioner, the rrgi,tration cannot be substantiated, it will be removed from the register, and the applicant may be ordered topay the costs of the ob}rctcr.if there is mort than one plan east should be taken to choose a

different identifying letter for each.

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Form 2 a .., I.5,a.I ObIWIi IJ• •j1

See Overleaffor Notes

No and date A4IIof entry Description of the land, reference to the register map registration particulars etc — r

1 The Parcels of land imown as Ci) The Green, Maunby and (2) War MeLjaj Ms1k in the Parish nbv as showzi edred -reen on sheet no. 65 of the

18th March, register map (Provisional Edition ) and distinguished by the number of tli&jIgister unit. Registered nnnt to application no. 85 made the àth March,

1968, by Maunby Parish Meeting acting through their Chairman Herbert Farndaai, Red House

—r — CUMMUN5 KtUIIKAIIUL tiLl IYOZ

stREPLACEMENT SHEET

Register of TOWN OR VILLAGE GREEN

LAND SECTION—Sheet No.

I land comprised in this register unit.

Ir

COMMONS REGISTRATION ACT 1965

NORTH RIDING COUNTY COUNCILREGISTRATION AUTHORITY

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Dale -

NORTH R IDlic; COUNTY COUNCIL

Register unit No. V.a. 65

Edition No.

1968

it.,,(See -

Plo I,,, ,,w\

II2

29th Jan. 71

The registration at itry No. 1 above being undisputed,

Farm, Maunby,_Thfr

became final on the 1st October, 1970.

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North YorkshireCounty Council

Register of

I20th Decembe:

1978

220th Decembe

1978

for Notes

pursuance of Section 8(5) of thea Direction dated 10th Octoberner - Ref: 268/U/205.

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TOWN OR VILLaGE GREENS

OWNERSHIP SECTION—Sheet No. I

every person registerea uncer me ACE as owner olany of the land described in the land section of thisregister unit. Tt does not contain any registration inrespect of land of which the freehold is registeredunder the Land Registration Acts 1925 and 1936,but the absence from this section of a registration inrespect of any land described in the land sectiondoes not necessarily indicate that the freehold ofthat land is registered under those Acts.

Register unit No. VG. 65Edition No. I

See Overleaf

1 2 3 4

No. and date No. and dateof entry of application Name and Address of person registered as owner

—---

Particulars of the land to which the registration applies

‘1Ilaunby, Newby Wiske

N I A

ho1eofeofjhe land comprised

312 September

2012

412 September

2012

The registration at Entry No. I above was made inCommons Registration act 1965 in accordance with1978 made by A.A. Baden Puller, Commons Commissi’

Refer to Note I overleaf

Maunby, Newby Wiske and South Otterington Parish Council

in this register unit.

N IA

211ic

The remainder of the land comprised in this register unit

_________

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“1I The registration at entry No. 3, being part of entry number 1 ( 3

12 September overleaf, has been registered under Section 12 of the Commons2012 Registration Act 1965 , the land to which it applied having been

registered under the Land Registration Acts192:

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