Notice of Motion – Grange Park - Access
To be moved by Councillor Ian Jones and seconded by Councillor Rob Elliott:
That this council notes:
Over the last three decades, patrons of the Grange Park have had unfettered access to all its amenities, its wildlife, its amazing dog walks and its natural beauty. The main demographic of park users is pension aged walkers including ramblers using the trans Pennine trail which crosses the site and the young children from 5 to 15 using the junior football academy. Recent events have now reduced the park to a mucky dirt track and created a dangerous environment for the young footballers, spectators, and walkers alike.
The council believes that:
Since 1929, several access routes have criss-crossed the land and have been used to access the former colliery, the park, and the landfill. Of these routes only four have ever been referred to in conveyancing documents. Currently according to the land registry, no maps are filed against these. In 1973, the Council purchased the land from the NCB which formed part of the old colliery and its access. The land was purchased to form a public park for the recreation of the residents of Rotherham. In 2001, the Council agreed a right of access as part of a lease agreement with Millmoor juniors and resurfacing works were commissioned by RMBC at the request of Millmoor Juniors to complete an accessway which ran along their boundary. It was also used between 1994 and 1997 with the Councils permission, by the current owner of Grange landfill LTD, the then contractor of Watsons Estates to speed up the re instatement of the toxic tip site. This same site owner is now claiming an access right under the “doctrine of lost modern grant”. However, the public of Rotherham West believe that the evidence provided by the company to meet the threshold for a right of access “on a balance of probabilities” the 51% test, has not been reached, however the Council refuses to share the Legal opinions. Despite documentation existing that shows a “legal right of way “existed since the 1930s under the “iron bridge” the company is attempting to confuse the access right, we believe that this is because although legal, it is not in a usable condition.
This council resolves that:
Mirroring the thoughts and wishes of the residents of Droppingwell, Blackburn and Kimberworth, this council should undertake an immediate review of all the evidence provided to the Council by the company and set out in a public document why they believe it gives the company a right of access under the “doctrine of modern lost grant”. The council should then undertake a public meeting to consult and take on board the vast knowledge of the public, which up to now it has failed to engage or consider. If an undisputable right cannot be proven on balance of probabilities, the Council will request that the company provide any further evidence that they believe proves a right and the Council will set out in a public document why they believe the Company has a right of access if the Council continue to believe that they do have one.
Minutes:
It was moved by Councillor Jones and seconded by Councillor Elliott that:
That this Council notes:
Over the last three decades, patrons of the Grange Park have had unfettered access to all its amenities, its wildlife, its amazing dog walks and its natural beauty. The main demographic of park users is pension aged walkers including ramblers using the Trans Pennine trail which crosses the site and the young children from 5 to 15 using the junior football academy. Recent events have now reduced the park to a mucky dirt track and created a dangerous environment for the young footballers, spectators, and walkers alike.
The Council believes that:
Since 1929, several access routes have criss-crossed the land and have been used to access the former colliery, the park, and the landfill. Of these routes only four have ever been referred to in conveyancing documents. Currently according to the land registry, no maps are filed against these. In 1973, the Council purchased the land from the NCB which formed part of the old colliery and its access. The land was purchased to form a public park for the recreation of the residents of Rotherham. In 2001, the Council agreed a right of access as part of a lease agreement with Millmoor Juniors and resurfacing works were commissioned by RMBC at the request of Millmoor Juniors to complete an accessway which ran along their boundary. It was also used between 1994 and 1997 with the Councils permission, by the current owner of Grange Landfill Ltd., the then contractor of Watsons Estates to speed up the re instatement of the toxic tip site. This same site owner is now claiming an access right under the “doctrine of lost modern grant.” However, the public of Rotherham West believe that the evidence provided by the company to meet the threshold for a right of access “on a balance of probabilities” the 51% test, has not been reached, however, the Council refuses to share the Legal opinions. Despite documentation existing that shows a “legal right of way“ existed since the 1930s under the “iron bridge” the company is attempting to confuse the access right, we believe that this is because although legal, it is not in a usable condition.
This Council resolves that:
Mirroring the thoughts and wishes of the residents of Droppingwell, Blackburn and Kimberworth, this Council should undertake an immediate review of all the evidence provided to the Council by the company and set out in a public document why they believe it gives the company a right of access under the “doctrine of modern lost grant.” The Council should then undertake a public meeting to consult and take on board the vast knowledge of the public, which up to now it has failed to engage or consider. If an undisputable right cannot be proven on balance of probabilities, the Council will request that the company provide any further evidence that they believe proves a right and the Council will set out in a public document why they believe the Company has a right of access if the Council continue to believe that they do have one.
In accordance with Rule of Procedure 19 (2) Councillor A. Carter requested that a recorded vote should be taken on the proposed motion. In accordance with the Rule of Procedure 5 Members stood to show their support for a recorded vote to be taken on the motion.
In accordance with Rule of Procedure 19 (1) a recorded vote was taken on the motion as follows:
For: Councillors Bacon, Ball, Baum-Dixon, Bennett-Sylvester, Burnett, A. Carter, C. Carter, Castledine-Dack, T. Collingham, Z. Collingham, Elliott, Fisher, Jones, Mills, Miro, Reynolds, Tarmey, Tinsley, and Wilson.
Against: Councillors Alam, Allen, Andrews, Atkin, Aveyard, Baker-Rodgers, Beck, Brookes, Browne, Clark, Cooksey, Cowen, Cusworth, Ellis, Foster, Griffin, Haleem, Havard, Hughes, Keenan, Khan, Lelliott, McNeely, Monk, Pitchley, Read, Roche, Sansome, Sheppard, Taylor, and Wyatt.
Abstentions: None.
The motion was put and lost by majority; however, the following actions would be taken forward:
· The Council’s legal officers would again review the information that could be released to Councillor Jones, the action group and to members that represent neighbouring communities.
· The Council’s officers would launch a call for evidence to take place between the date of this meeting and last until 12 June 2023, to ask for specific information regarding access which related to the period between 1965 and 1985. This would involve a dedicated email address being created and the Council writing directly to residents in the area with an open appeal for that information.
· Following the call for evidence the Council’s legal team would publish a further statement, updating the Council’s position.