Lambeth Council’s Corporate Committee will consider the application to register the South Bank Undercroft as a Town/Village Green on Thursday July 11th.
The decision to be taken is a legal one as to whether the application is valid or not and is entirely separate from the current planning application.
The full report is attached and the recommendations below;
1. That the decision whether the application for registration of land at The Undercroft as a town or village green is valid and can be accepted for consideration by the Council as commons registration authority, pursuant to section 15C Commons Act 2006, be delegated to the Director of Governance and Democracy.
2. Alternatively, if the making of representations by relevant parties and further consideration of those representations has been concluded, and if there is no change in the external legal advice provided to the Council, the application from Long Live Southbank pursuant to the Commons Act 2006 to register land at The Undercroft as a town or village green be held to be invalid and therefore unable to be accepted for registration.
Note to Editors:
An application to register land at The Undercroft beneath the Queen Elizabeth Hall on the South Bank as a town or village green has been received from Long Live Southbank.
Under the Commons Act 2006 as amended by the Growth and Infrastructure Act 2013 only valid applications for registration can be accepted and the 2006 Act lays down a number of conditions which must be satisfied before an application can be accepted.
The Council as commons registration authority is obliged by law to check whether those conditions are satisfied before the application can be accepted. If the village green application is not valid, it cannot be accepted for registration.
The Council has no discretion to accept the application if it is invalid. If the application is invalid, this also means that the detail of the application cannot be considered by the Council.
The process of accepting applications for registration is entirely separate from the process of deciding planning applications.
The Council has taken independent legal advice about whether the application is valid. The preliminary legal advice is that the application is not valid.
The Council has invited affected parties to comment on the legal advice which it has received. It will then seek final confirmation of the legal position relating to acceptance of the application.
On 11 July 2013 the Council’s Corporate Committee is being asked either to delegate the decision whether to accept the application to the Council’s Director of Governance and Democracy or, if the process of consultation with affected parties is completed by then, to make a decision that the application is invalid and cannot be accepted.