Checklist for Borough of Poole Registration Authority
Application for the registration of land as Town or Village Green
The Commons (Registration of Town or Village Greens)
(Interim Arrangements) (England) Regulations 2007
Application No:
Conflict of Interest:Yes / No
Regulation:Description:Date complied:
1.On Receipt of Application
Officer opens flare record and updates as process progresses.
Application and plans copied and placed in file (Working copy).
Check that the land is not already registered.
If already registered inform applicant and reject application.
2.Application Checked
Reg. 3Application, in accordance with regulations
3 (2)Ensure the application is -
3 (2)(a)made in form 44
3 (2)(b)signed by every applicant, or duly authorised officer
3 (2)(c)accompanied by every document relating to the matter
3 (2)(d)(i)supported by a statutory declaration
3 (2)(d)(ii)supported by further evidence as Registration Authority may reasonably require.
If application not correct or further evidence required contact applicant to resolve problems.
This may or may not require a resubmission of the application form 44.
Reg. 10Land descriptions
10 (2)(a)Ensure the land is described by an Ordnance Survey map.
10 (2)(b)In the case of registered common land, the register unit number.
10 (3)(a)Map is on a scale not less than 1:2,500.
10 (3)(b)Lands is described by means of distinctive colouring.
10 (3)(c)Be marked as an exhibit to the statutory declaration.
Reg. 4Procedure on receipt of application once checked and found to be ‘duly served’
4 (1)(a)Allot a distinguishing number to the application.
4 (1)(b)stamp the application form indicating the date it was received.
4 (2)Send the applicant a receipt (form 6) for their application containing a statement of the number allotted to it.
Reg. 5Procedure where Section 15(1) of the 2006 Act applies
-Notify the local planning authority for the area concerned.
-Notify the local member for the area concerned (for information).
5 (4)Preliminary consideration of the application
Check supporting evidence is correct and has been signed
(allow the applicant opportunity to put application in order if errors found)
If application not correct or further evidence required contact applicant to resolve problems.
This may or may not require a resubmission of the application form 44.
-Submit index searches to H.M. Land Registry on application land
-Request information relating to rights of way from ROW officer
-Prepare formal notice in form 45
Cont.
Regulation:Description:Date complied:
-Inspect site to assess additional interested parties
-Prepare list of names and addresses receiving the Notice
-Approval of notice & address list by the relevant officer
Send formal Notice upon:
5 (1)(a)the owner, lessee, tenant or occupier of the land
5 (1)(b)concerned authorities, parish and district councils
(making authorities aware of their duty under Reg 5(3)).
- the applicant (allows them to see progress being made)
5 (1)(b) & (6)Publish in the concerned area (notice 45 in local news paper)
5 (1)(b) & (7)Display the Notice (Notice 45) in the concerned area
5 (1)(c)Affix the Notice to some conspicuous object on any part of the land
5 (2)Six-week objection period expires: DATE
(Note the date to be inserted in a notice by which statements in objection to an application must be submitted to the registration authority must be such as to allow an interval of not less than six weeks from date received. The six week period can be extended if it is in the public interest)
-Site inspection carried out to select where notices to be sited
and number required.
-Laminate notices to ensure they will not deteriorate
in adverse weather conditions.
-Source and purchase suitable ties to ensure notices do not disappear
in adverse weather conditions.
-Post suitable number of notices around the site.
-Inform Customer First of date notices put up.
-Officer to flare and respond to enquiries.
Reg. 6Consideration of objections
6 (1)The application and statements of objection (if any) are considered by relevant officer(s) on behalf of the registration authority.
6 (3)If objection(s) are received, send a copy to the applicant
6 (4)allowing reasonable opportunity for dealing with the matters raised
-On receipt of further correspondence from applicant report drafted
Officer to inform Democratic Services to arrange for a licensing hearing
Licensing Sub-Committee Hearing
-Members to decide whether the application can be determined at a hearing,
or to recommend a public inquiry.
Hearing / Public Inquiry
- Appoint an independent inspector for hearing
- Arrange a venue and date(s) for the hearing
- Publicise Hearing to all interested parties
-Date on which Licensing Sub-Committee will consider inspector’s report
Reg. 7Procedure where Section 15(8) of the 2006 Act applies
The Registration Authority must grant the application,
provided it is satisfied:
7 (a)the applicant is the owner of the land
-submit index search with HMLR
7 (b)any consents which are required by section 15(9) of the 2006 Act
have been obtained.
Reg. 8Method of registration
8 (1)Where the authority grants an application it must make the necessary registration, following as closely as possible Model Entry No.4
8 (2)Have regard to regulations 10 (2) to (6) of the CR (General) Reg’s 1966
8 (3)have regard to regulation 9 of the CR (Objections and Maps) Reg’s 1968
8 (4)The stamping and signature of each new map
8 (5)applicable if the land is already registered as common land
8 (6)File the application form and plan, and return all other documents
Reg. 9Information about disposal of applications
9 (1)&(2)If the application is granted, give written notice and details of the registration to:
9 (1)(a)every concerned authority
9 (1)(b)the applicant
9 (1)(c)every person whose address is known to the registration authority and
who objected to the application
9 (2)If rejected, at any stage, give written reasons for the rejection to:
9 (1)(a)every concerned authority
9 (1)(b)&(3) the applicant, returning application form and all accompanying documents
9 (1)(c)every person whose address is known to the registration authority and
who objected to the application
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