Agenda and draft minutes

To receive any apologies from Members of the Committee.

Apologies were received from Councillors Jeff Clarke, Andy Jenns, and Caroline Phillips.

There were none.

The minutes of the meeting held on 4 March 2025 were agreed as an accurate record.

The item was introduced by Peter Endall (Senior Solicitor). He explained about the history of the site, and that an initial application for a village green had included the wider area. However, this included a number of grass verges that were unrecorded public highways that the County Council was paying to upkeep, so could not be registered as a village green. It emerged that one area at the end of Somers Road was not covered by this, and this now formed the application site. Ownership of the land could not be established. There was some evidence it had previously been owned by the National Coal Board when the site was a colliery and transferred to Nuneaton and Bedworth Borough Council. However the Borough Council had been contacted in relation to the matter and had not claimed ownership of the land.

The initial application had been accompanied by 148 evidence forms from residents. The revised application, relating to the site shown in the officer report, drew a further 40 evidence forms from residents who stated they had used the site for purposes that might be associated with village green use. Objections were received from two residents of Colyere Close. It appeared there had been a dispute, and it was alleged one of the applicants had been using the site as an extension of their garden. This led to one of the objectors erecting a fence at the end of their garden, citing security concerns. The objector also stated they had not seen anyone other than the applicant using the site. Members were informed there had been a previous application for a village green elsewhere in Keresley Newlands, but this had not been approved as it did not satisfy statutory criteria.

Members’ attention was drawn to the relevant legislation, Section 15 (2) of the Commons Act 2006. This stated there needed to be a significant number of people to have used the site for activities associated with a village green within the previous 20 years, and for it to be a well-defined locality. Peter Endall said there was no legal definition of significant number; however he stated, in his opinion, the 40 people out of the village’s population of 4,000 that had submitted evidence forms would satisfy this requirement. One of the evidence forms stated a resident had used the site for recreational purposes for the previous 37 years which, again, Peter Endall stated would satisfy the requirements set out in the legislation. It was noted that part of the site had been fenced off. However an application could still be entertained as it had been made within a year of the fence being erected. Peter Endall said the balance of evidence tipped in favour of approving the officer recommendation.

Councillor Judy Falp stated her belief the evidence of the objector was contradictory; they had said there was the risk of antisocial behaviour, yet they had not seen anyone using the site.

Responding to a question from Councillor Adrian Warwick, Peter Endall  ...  view the full minutes text for item 2.

To consider passing the following resolution:

‘That members of the public be excluded from the meeting for the items mentioned below on the grounds that their presence would involve the disclosure of exempt information as defined in paragraph 1 of Schedule 12A of Part 1 of the Local Government Act 1972’.

Resolved unanimously

That members of the public be excluded from the meeting for the items mentioned below on the grounds that their presence would involve the disclosure of exempt information as defined in paragraph 1 of Schedule 12A of Part 1 of the Local Government Act 1972.

The exempt minutes of the meeting held on 4 March 2025 were agreed as an accurate record.