IN THE MATTER OFTHE APPLICATION
FOR THE REGISTRATION AS A NEW TOWN OR VILLAGE GREEN
OF LAND AT FOXWELL DRIVE, HEADINGTON, OXFORD
______
DIRECTIONS OF THE INSPECTOR
FOR THE PUBLIC INQUIRY COMMENCING ON
29thSeptember 2014
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Definitions
1.In these Directions:
1.1“the Registration Authority” means Oxfordshire County Council.
1.2“the Registration Authority’s Service Address” means Oxfordshire County Council, Definitive Map and Commons, Signal Court, Old Station Way, Eynsham, Oxfordshire OX29 4TL.
1.3“the Inspector” means Miss Ross Crail.
1.4“the Inspector’s Service Address” means New Square Chambers, 12 New Square, Lincoln’s Inn, London WC2A 3SW.
1.5“the Application Land” means the land adjacent to Foxwell Drive, Headington, Oxford which is the subject of the application for registration as a town or village green under section 15 of the Commons Act 2006 submitted to the Registration Authority on 14th December 2012.
1.6“the Applicant” means Miss Georgina Gibbs.
1.7“the Applicant’s Service Address”means 12 Saxon Way, Headington, Oxford OX3 9DE.
1.8“the Objector” means Oxford City Council.
1.9“the Objector’s Service Address” means Oxford Town Hall, FAO Mr Lindsay Cane, Law and Governance, St Aldate’s, Oxford OX1 1BX.
1.10“the Venue” means St Columba’s United Reformed Church, Alfred Street, Oxford OX1 4EH.
Inquiry arrangements
2.The inquiry will take place at the Venue, commencing on Monday 29th September 2014 at 10am and continuing on as many as may be necessary of the following days: 30th September and 1st, 2nd, 3rd, 6th, 7th, 8th, 9th and 10th October 2014.
3.The sitting hours will be from 10 am to approximately 5 pm on each day, subject to variation at the Inspector’s discretion. There will be approximately an hour’s break for lunch starting at around 1 pm, and short breaks in the morning and afternoon (as convenient).
4.An evening session may be arranged between 6pm and 8 pm on Wednesday 1 October 2014, if necessary to accommodate witnesses who cannot attend the inquiry to give evidence during working hours. Any request for an evening session is to be submitted in writing to the Registration Authority by 4pm on 15th September 2014.
Publicity
5.The Registration Authority will no later than 8th September 2014 publicise the inquiry:
5.1on its website;
5.2by placing an advertisement in at least one local newspaper circulating in the area of the Application Land;
5.3by placing notices in conspicuous positions on or near the Application Land;
5.4by any other means or by service on such other persons as the Registration Authority may consider appropriate to bring the inquiry to the attention of persons likely to be affected by the application.
6.Each notice of the inquiry should state that:
6.1these Directions have been made, containing detailed instructions for preparation for the inquiry and information as to the conduct of the inquiry, and are available on the Registration Authority’s website;
6.2any person interested in the subject matter of the inquiry who is not being called as a witness by the Applicant or the Objector and who wishes to give evidence or make submissions must by 4 pm on 22nd September 2014:
6.2.1notify the Registration Authority in writing of his intention to attend the inquiry for that purpose, indicating whether or not he supports the application, and giving details of his availability to attend on the dates listed in direction 2 above, and
6.2.2provide the Registration Authority with a signed and dated written statement setting out the substance of his evidence.
If the Registration Authority receives any notification or statement under direction 6.2, it will provide a copy of that document to the Inspector and to the parties as soon as reasonably practicable.
Inquiry bundles
7.The Applicant will by 4 pm on 15th September 2014 prepare a fully indexed and paginated inquiry bundle containing the documents listed in direction 8 below, and serve:
7.1one copy of that bundle upon the Objector at the Objector’s Service Address;
7.2two copies of that bundle upon the Registration Authority at the Registration Authority’s Service Address;
7.3one copy of that bundle upon the Inspector at the Inspector’s Service Address.
8.The Applicant’s inquiry bundle will consist of a lever arch file or files, divided into eleven sections and containing legible copies of:
8.1the application and any documents supplemental to the application;
8.2the response to the objection to the application;
8.3a large scale OS map (at a scale of not less than 1:1,250) marked to show the boundaries of the Application Land;
8.4a large scale OS map (at a scale of not less than 1:10,000) marked to show the boundaries of the area relied upon as a locality (and if the boundaries have been changed at any material time, a further such map (or maps) showing the boundaries as they were prior to the change(s));
8.5 another OS map (at a scale of not less than 1:10,000) marked to show the boundaries of the area relied upon as a neighbourhood;
8.6in respect of every witness whom the Applicant intends to call to give oral evidence at the inquiry, a signed and dated statement setting out the substance of the witness’s evidence. The statement should be in the witness’s own words. It may take the form of a statutory declaration. All such statements are to be arranged in alphabetical order by reference to the witnesses’ surnames. Any previous witness statement, evidence questionnaire or letter signed by the witness should be filed immediately after the witness’s statement in each case;
8.7all other witness statements or statutory declarations upon which the Applicant wishes to rely in support of the application, arranged in alphabetical order by reference to the witnesses’ surnames. Any evidence questionnaire or letter signed by the witness should be filed immediately after the witness’s statement in each case;
8.8all other evidence questionnaires upon which the Applicant wishes to rely in support of the application;
8.9any other documents (including maps and photographs) relied upon by the Applicant in support of the application, arranged in chronological order with the earliest at the front;
8.10a written summary of the Applicant’s case, including legal submissions;
8.11any legal authorities upon which the Applicant relies.
9.The Objector will by 4 pm on 15th September 2014 prepare a fully indexed and paginated inquiry bundle containing the documents listed in direction 10 below and serve:
9.1one copy of that bundle upon the Applicant at the Applicant’s Service Address;
9.2two copies of that bundle upon the Registration Authority at the Registration Authority’s Service Address;
9.3one copy of that bundle upon the Inspector at the Inspector’s Service Address.
10.The Objector’s inquiry bundle will consist of a lever arch file or files, divided into six sections and containing legible copies of:
10.1the objection;
10.2in respect of any witness whom the Objector intends to call to give oral evidence at the inquiry, a signed and dated statement setting out the substance of the witness’s evidence. The statement should be in the witness’s own words. It may take the form of a statutory declaration. All such statements are to be arranged in alphabetical order by reference to the witnesses’ surnames. Any previous witness statement, statutory declaration, or letter signed by the witness should be filed immediately after the witness’s statement in each case;
10.3all other witness statements or statutory declarations upon which the Objector wishes to rely in support of its objection, arranged in alphabetical order by reference to the witnesses’ surnames. Any previous witness statement, statutory declaration, or letter signed by the witness should be filed immediately after the witness’s statement in each case;
10.4any other documents (including maps and photographs) relied upon by the Objector in support of its objection, arranged in chronological order with the earliest at the front;
10.5a written summary of the Objector’s case, including legal submissions;
10.6any legal authorities upon which the Objector relies.
11.In the inquiry bundles prepared pursuant to directions 7 to 10 above:
11.1documents (including photographs) exhibited to, or referred to in, witness statements, statutory declarations and evidence questionnaires shall be included immediately after the statement, declaration or questionnaire referring to them (and shall not be duplicated in the section of the inquiry bundle containing other documents relied upon);
11.2double-sided copying of documents shall be undertaken wherever reasonably practicable. Both sides of each sheet in the inquiry bundles will carry a page number. Where double-sided copying of a document with an odd number of pages results in the reverse of the last sheet of the copy being blank, the words “intentionally blank” should appear on that page;
11.3documents which in their original form contain colour must be reproduced in colour;
11.4each photograph is to be accompanied by a caption stating by whom it was taken and the date on which it was taken (if known), or the source from which it was obtained and its approximate date, and what the photograph is said to show.
12.The parties shall include copies of documents in their respective inquiry bundles, but shall bring to the inquiry all such originals as are in their possession or control. In respect of documents the originals of which are not in their possession or control, details of where the original is kept and available for inspection shall be included in the inquiry bundle.
13.The Registration Authority will by 4 pm on 15th September 2014 prepare a fully indexed and paginated inquiry bundle containing the documents listed in direction 14 below, and serve one copy upon each of:
13.1the Applicant, at the Applicant’s Service Address;
13.2the Objector, at the Objector’s Service Address; and
13.3the Inspector, at the Inspector’s Service Address.
14.The Registration Authority’s inquiry bundle will contain:
14.1copies of the relevant part of every version ofthe definitive map and statement of public rights of way in force since 1970 showing public rights of way across or in the vicinity of the Application Land (if any), and of any modification orders or applications for modification ordersaffecting the Application Land made under section 53 of the Wildlife and Countryside Act 1981 since 1983;
14.2if any part of the Application Land is registered as common land, copies of the land, rights and ownership sections of the relevant register unit(s) together with a coloured copy of the relevant parts of the register map;
14.3copies of any written representations submitted to the Registration Authority in connection with the Applicant’s application by members of the public acting independently of the parties (other than pursuant to direction 6.2 above).
15.The Registration Authority shall bring one copy of each inquiry bundle to the inquiry for use by witnesses.
16.Any interested person shall be entitled by prior appointment in Registration Authority business hours at any time before the inquiry to inspect at the Registration Authority’s Service Address any inquiry bundle held by the Registration Authority (contact: 01865 810808).
Proceedings at the inquiry
17.The inquiry will be conducted in the following order:
17.1the Applicant’s opening statement;
17.2the evidence of the Applicant’s witnesses (including cross-examination and re-examination);
17.3the Objector’s opening statement;
17.4the evidence of the Objector’s witnesses (including cross-examination and re-examination);
17.5the evidence and submissions of other members of the public at the discretion of the Inspector (including any cross-examination);
17.6the Objector’s closing submissions;
17.7the Applicant’s closing submissions.
18.Witnesses or submissions may be heard out of order at the discretion ofthe Inspector if good reason is shown.
19.Evidence will be given unsworn.
20.The Inspector:
20.1will conduct a site visit to the Application Land and surrounding area accompanied (at the option of the parties) by the Applicant or a representative of the Applicant and/or a representative of the Objector at a time to be arranged following the conclusion of the evidence; and
20.2may make an unaccompanied site visit at any time.
21.The Inspector will prepare and provide a written report and recommendation for the Registration Authority after the conclusion of the inquiry.
Varying these directions
22.Either party may make a written application to the Inspector to vary or supplement these Directions, or to hold a pre-inquiry meeting, at any time before the inquiry commences. Any such application shall be submitted to the Registration Authority, which will as soon as practicable forward a copy to the Inspector, and simultaneously copied to the other party.
23.The Inspector may supplement or vary these Directions at any time prior to the commencement of the inquiry, with or without such an application.
24.The Registration Authority will:
24.1send to the parties at their respective Service Addresses a copy of these Directions, and of any amended or supplemental Directions, as soon as practicable following their issue;
24.2publish these Directions, and any amended or supplemental Directions, on its website.
Ross Crail
Lincoln’s Inn
6th August 2014
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IN THE MATTER OF THE APPLICATION
FOR THE REGISTRATION AS A NEW TOWN OR VILLAGE GREEN
OF LAND AT FOXWELL DRIVE, HEADINGTON, OXFORD
______
DIRECTIONS OF THE INSPECTOR
FOR THE PUBLIC INQUIRY COMMENCING ON
29th September 2014
______
P G Clark
County Solicitor
Oxfordshire County Council
County Hall
New Road
Oxford OX1 1ND
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