Upper Ogmore - Wind Turbines
Received 21 January 2021
From Open Spaces Society
We have received the application from the Duchy of Lancaster for the deregistration and exchange of common land in connection with proposed wind turbines.
We wish to object to this. The area of the replacement land is precisely the same as that of the release land, yet the release land is widely dispersed and its removal from the heart of the common will have a severely adverse effect on the landscape and public enjoyment. Therefore the area of replacement land should be significantly greater to compensate for this loss of public interest.
The deregistration of linear areas of land, represented by access roads, will make the common vulnerable to fencing, because fences could be erected along the access roads without consent under s.38 of the Commons Act 2006. It is important that the planning application recognises this, and removes article 4 permitted development rights.
We request a binding commitment to reregister the deregistered areas of common land: when the works are complete (in relation to land needed for temporary work areas), or when the works are decommissioned (in relation to other works: the turbines and access roads).
Part of the release land is crossed by publicly-maintainable rights of way, but Bridgend County Borough Council has not joined in the application, despite its interest in the land vested in it by s.263(1) of the Highways Act 1980. Defra takes the view that the highway authority must join in the application, does the Welsh government not have the same requirement and, if not, why not?
What is the status of Nathan Thompson, who has signed the application form on behalf of the Duchy of Lancaster?
The map of the release and replacement land is drawn on a map at a scale of 1:25,000: is there a larger-scale map?
Q.G.36 states that the land is subject to s.193 of the Law of Property Act 1925, but no details are given. Does s.193 apply because the common is in a former urban district, or because of a deed executed under s.193(2)?
Q.D.31 refers to a consultation report at appendix 2 — we don't appear to have any appendices. Could these be sent please?