Cornwall Council have notified us that they have appointed an Independent Inspector to hold a public inquiry in relation to the outstanding commons application, No 2994, seeking to remove the status of common land from land at Nance Woods.
The following directions have been received from Cornwall Council:
Directions
The inspector has made the following directions:
1. A public inquiry is to be held in relation to the Application.
Time and venue of the public inquiry
2. The inquiry is to start at 10am on 25 March 2024. Any party wishing to take part in the inquiry should attend by 9:45am.
3. The time estimate for the inquiry is 4 days however the inquiry may conclude within a shorter period of time.
4. The inquiry is to take place at the Pool Innovation Centre, Trevenson Road, Pool, Redruth, Cornwall TR15 3PL.
Taking part in the inquiry
5. Any party (other than the Applicants) wishing to speak at the inquiry should notify the Cornwall Council of their intention to do so by no later than 4pm on 18 March 2024. This does not prohibit any party speaking at the inquiry with the inspector's permission.
6. Any party wishing to take an active role in the inquiry (other than making a short representation) is expected to comply with paragraphs 14 and/or 20 below and should note paragraphs 19 and 35.
7. Any person who is likely to experience any difficulties in taking part in the inquiry and/or requires any assistance or support at the inquiry should notify the Cornwall Council and/or make a request for assistance by 4pm on 18 March 2024. Remote participation
8. The inspector recognises that some parties may experience difficulties in attending the venue of the inquiry and/or in being able to take part in what is likely to be a lengthy hearing. To address these difficulties the inspector has directed as follows:
8.1 The Cornwall Council is to make arrangements for parties to watch and participate in the inquiry remotely by use of video software such as Microsoft Teams.
8.2 Any person wishing to join the inquiry by remote means must notify the Cornwall Council of their intention to do so and provide details of their email address (for the purposes of receiving a link for the remote connection) by 4pm on 20 March 2024.
Please note that the email address provided for the purposes of joining the inquiry by remote means may be visible to others attending remotely. Please contact the Cornwall Council for further information about this.
Scope of the Inquiry
9. Following confirmation by the Applicants of the matters set out in paragraph C. above, the issues to be addressed at the inquiry are as follows:
Whether the land was wrongly registered as common land. Specifically whether the land came under any one of the following descriptions immediately before 08 October 1968:
(i) land subject to rights of common;
(ii) waste land of a manor;
(iii) a town or village green within the meaning of the 1965 Act as originally enacted; or
(iv) land of a description specified in section 11 of the Inclosure Act 1845.
Notes: (a) The parties are referred to the summary of relevant definitions attached to these directions. The inspector will work to those definitions subject to any representation made by the parties at the inquiry or following any change of the law. A copy of the legal authorities referred to in the summary will be made available for inspection online at:
Common Land and Town and Village Greens - Cornwall Council
under reference Application 2994 within the next 14 days.
(b) For the avoidance of any doubt:
(i) The inquiry will relate only to the Application under reference 2994.
(ii) The inquiry is not concerned with any rights created after 08 October 1968. (iii) The inquiry is not concerned with the existence of the right of way recorded on the Definitive Map under Parish Number 223 (Portreath), Path No. 8 and Parish Number 214 (Illogan), Path No. 8.
For full details of the directions please visit the Cornwall Council Website:
Directions (cornwall.gov.uk)
Any correspondence about the meeting or the inquiry should be sent to:
The Commons Registration Office, Countryside Access, Cornwall Council, New County Hall, Treyew Road, Truro, TR1 3AY
Email: commonsandgreens@cornwall.gov.uk
Telephone: 01872 322222 (please ask to speak to Martin Wright)