Minutes:
The Wentlooge representative explained that many years ago they were told that you couldn’t adversely possess common land. In a recent conversation it transpired that you can adversely possess it which was different to what was understood.
This spurred the community council on to address issues to do with enclosure which has been dealt with through legal over the years.
This was then passed to city services, but they have not had any responses so far.
The Wentlooge representative asked whether this new information was correct and can you adversely possess common land. If you can then they felt that they needed to address these enclosures as space maybe lost.
The Head of Law and Regulation advised that on the adverse possession point it was quite exceptional to have exclusive possession of a common because of the established public rights and it was very unusual to acquire legal title though adverse possession. However, it is possible to legally own the land and the title to common land can be bought and sold.
If it was a registered common, then ownership cannot interfere with people’s rights to enjoy the common and this was where City services come in as commons where there is management scheme then city services will manage the common.
The Countryside team was responsible for managing this land.
The Wentlooge representative stated that when the common land had no known ownership then it was all clear. However, the Common was sold and then there was an owner, and it seems when there is a problem, there needs to be an agreement from the owner to carry out certain things and the current owner is quite obstructive. The current common is overgrown and has cars on it but Julie explained that they cannot go on there as it would be trespassing.
The Head of Law and Regulation explained that if there is an owner etc then the council would need their permission to carry out work, but people have the right to walk over the common e.g., to go on there and remove litter. However, carrying out work is different as this is maybe seeking permission from the owner.
The Wentlooge Representative explained that broadband etc couldn’t be installed recently as the utility company could not get to the telegraph pole.
The Head of Law and Regulation agreed it was a difficult situation and this was why the community council was been referred to City services and explained that it was a discretion not a duty to carry out work there.
The Wentlooge representative Julie stated that they could not use it as it’s so overgrown, but the Head of Law and Regulation stated that this was a practical and not a legal problem. The Head of Law and Regulation advised that they consult a member of the legal department who would chase this up with City Services.
The Graig representative Nathan asked that if people were committing criminal offences on there can there be legal action against them.
The Head of Law and Regulation stated that they can be fined but was unaware of what the fine was. Under management schemes direct action was better.
The Nash representative asked who did the cars belong to and the Wentlooge representative Julie explained that the cars belong to the landowner and no one has permission to go on to the land to remove them.
The Head of Law and Regulation stated that this was a problem as with the removal of abandoned vehicles they would need the permission of the owner to remove them even if they were on the common. A 7-day notice had to be put on them to be towed away. However, City services needed to be look at it.
The Wentlooge representative stated this people cannot drive over it but there are cars on there that are abandoned. The Head of Law and Regulation stated that the owner can do anything on the common that they want to if they own it unless public rights of access is stopped. Maybe this was something that the Green team was able to look at and the Chair stated that they would chase this up.
The Wentlooge representative Julie stated that as ownership has caused so many problems can Newport City Council take this common back. If the community council were to raise enough money to purchase the common and there was a scheme of deed of arrangement, could the common be gifted.
The Chair confirmed that yes if city services want it and it can be maintained.
The Rogerstone representative mentioned the vehicles point removal and if there was a large amount of chemicals with car batteries would it come under an environmental hazard.
The Chair stated that yes if it’s a public health nuisance then environmental health could serve a notice if it’s a serious health notice.
The Wentlooge representative confirmed that the cars were full of rubbish and there were concerns regarding an infestation of rats and environmental health did come out as it was wondered was it contributing to this as there had not been a problem before.
The Chair stated that it was difficult to prove a rat nuisance.