notice of landowner deposits under section 31(6) of the ... · schedule 1 regulation 2(2)(a)...

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The following Notice is to inform the public that the landowner has submitted a legal document stating that they acknowledge the existence of those public rights of way across their land which are recorded on the definitive map, but that they do not intend to record any more public rights of way, or intend their land to be registered as a Village Green. Public rights of way which are already recorded on the definitive map are not affected by this Notice, however, if you believe that there are other public rights of way which have not been recorded you can contact us for advice. Notice of landowner deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 – Form CA17 NORTH YORKSHIRE COUNTY COUNCIL An application to deposit a map and statement under section 31(6) of the Highways Act 1980 and deposit a statement under section 15A(1) of the Commons Act 2006 has been made in relation to the land (or lands) described below and shown shaded red on the accompanying map. PLEASE NOTE: This deposit may affect rights over the land described below. Deposits made under section 31(6) of the Highways Act 1980 may prevent deemed dedication of public rights of way over such land under section 31(1) of that Act. Deposits made under section 15A(1) of the Commons Act 2006 may affect the ability to register such land as a town or village green under section 15 of that Act. Please see guidance at: http://www.defra.gov.uk/rural/protected/greens/ for further information. Description of the land(s): Land at Stokesley (near The Stripe TS9 5PX) In the Parish of Stokesley in the District of Hambleton. The deposit was submitted by Smiths Gore on behalf of Taylor Wimpey UK Ltd and was received by this authority on 20 October 2014. The authority maintains a register of maps, statements and declarations deposited under section 31A of the Highways Act 1980 and section 15A(1) of the Commons Act 2006. This register can be accessed online at www.northyorks.gov.uk/paths or can be inspected free of charge by making an appointment to view it at the address below at the times indicated below: Public Rights of Way Team, North Yorkshire County Council, County Hall, Northallerton, DL7 8AH. Opening hours: Monday to Thursday 9am - 5pm, Friday 9am – 4.30pm. Tel: 0845 241 1307 Minicom (for hearing impaired individuals): 0845 603 6391 David Bowe Corporate Director Business & Environmental Services North Yorkshire County Council 22 October 2014

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Page 1: Notice of landowner deposits under section 31(6) of the ... · SCHEDULE 1 Regulation 2(2)(a) Application Form Form CA16 Application Form for deposits under section 31(6) of the Highways

The following Notice is to inform the public that the landowner has submitted a legal document stating that they acknowledge the existence of those public rights of way across their land which are recorded on the definitive map, but that they do not intend to record any more public rights of way, or intend their land to be registered as a Village Green.

Public rights of way which are already recorded on the definitive map are not affected by this Notice, however, if you believe that there are other public rights of way which have not been recorded you can contact us for advice.

Notice of landowner deposits under section 31(6) of the Highways Act

1980 and section 15A(1) of the Commons Act 2006 – Form CA17

NORTH YORKSHIRE COUNTY COUNCIL

An application to deposit a map and statement under section 31(6) of the Highways Act 1980 and deposit a statement under section 15A(1) of the Commons Act 2006 has been made in relation to the land (or lands) described below and shown shaded red on the accompanying map. PLEASE NOTE: This deposit may affect rights over the land described below. Deposits made under section 31(6) of the Highways Act 1980 may prevent deemed dedication of public rights of way over such land under section 31(1) of that Act. Deposits made under section 15A(1) of the Commons Act 2006 may affect the ability to register such land as a town or village green under section 15 of that Act. Please see guidance at: http://www.defra.gov.uk/rural/protected/greens/ for further information. Description of the land(s):

Land at Stokesley (near The Stripe TS9 5PX) In the Parish of Stokesley in the District of Hambleton. The deposit was submitted by Smiths Gore on behalf of Taylor Wimpey UK Ltd and was received by this authority on 20 October 2014. The authority maintains a register of maps, statements and declarations deposited under section 31A of the Highways Act 1980 and section 15A(1) of the Commons Act 2006. This register can be accessed online at www.northyorks.gov.uk/paths or can be inspected free of charge by making an appointment to view it at the address below at the times indicated below: Public Rights of Way Team, North Yorkshire County Council, County Hall, Northallerton, DL7 8AH. Opening hours: Monday to Thursday 9am - 5pm, Friday 9am – 4.30pm. Tel: 0845 241 1307 Minicom (for hearing impaired individuals): 0845 603 6391 David Bowe Corporate Director Business & Environmental Services North Yorkshire County Council 22 October 2014

Page 2: Notice of landowner deposits under section 31(6) of the ... · SCHEDULE 1 Regulation 2(2)(a) Application Form Form CA16 Application Form for deposits under section 31(6) of the Highways

® Crown Copyright. North Yorkshire County Council. Licence Number 100017946 ( 2014 )

North Yorkshire County CouncilKey:Public Footpath

Area of land to whichdeposit relates

Scale 1:5000

Public Rights of WayWaste and Countryside Services

County HallNorthallerton

DL7 8AH Drawn by BB File Ref No. HAM/2014/449/S31Map drawn on 22 October 2014

Notice of Landowner Deposits underSection 31(6) of the Highways Act 1980and S15A(1) of the Commons Act 2006

452000 452500

452000 452500

5085

0050

9000

5095

00

5085

0050

9000

5095

00

Page 3: Notice of landowner deposits under section 31(6) of the ... · SCHEDULE 1 Regulation 2(2)(a) Application Form Form CA16 Application Form for deposits under section 31(6) of the Highways

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SCHEDULE 1 Regulation 2(2)(a)

Application Form

Form CA16

Application Form for deposits under section 31(6) of the Highways Act 1980 and section15A(1) of the Commons Act 2006 to North Yorkshire County Council

Please read the following guidance carefully before completing this form

1. Guidance relating to completion ofthisform is availableftom hftps:Hwww.gov.ukltown-and-villagegreens-how-to-register. Please refer to these separate notes when completing this form.

2. Parts A and F must be completed in all cases.

3. Theform must be signed and dated by, or by a duly authorised representative of every owner ofland towhich the application relates who is an individual, and by the secretary or some other duty authorisedofficer ofevery owner ofland to which the application relates which is a body corporate or anunincorporated association.

4. In the case ofland injoint ownership all thejoint owners must complete paragraphs 2 and 3 ofFart Aand complete and sign the application in Part F, unless a duly authorised representative completes andsigns theform on behalfofall ofthe owners ofthe land. Paragraph 3 should be completed infull toclearly explain the capacity ofeach applicant e.g. trustee, landowner ‘s managing agent, executor.

5. ‘Owner ‘ is defined in section 61(3) ofthe Commons Act 2006 and section 31 (7) ofthe Highways Act1980 and means, broadly, a legal owner ofthefreehotd interest in the land.

6. Where the application relates to more than one parcel ofland, a description ofeach parcel should beincluded in Paragraph 4 ofPart A and the remainder oftheform should be completed to clearly identifywhich statement and/or declaration relates to which parcel ofland. This may require the insertion ofadditional wording. See separate notesforfurther guidance. Multiple parcels ofland should be clearlyident/Ied by coloured edging on any accompanying map.

7. Where a statement or declaration requires reference to colouring shown on an accompanying map orpreviously lodged map, the colouring must be clearly specfled and must match that shown on the relevantmap. for example, fafootpath is specfled in a Part C declaration as shown coloured brown, theaccompanying map orpreviously deposited map referred to must reflect that colouring.

8. An application must be accompanied by an ordnance map, or (in respect ofdeclarations under Part Cor statements under Part D ofthisform) refer to a map previously deposited in accordance with theCommons (Registration ofTown or Village Greens) and Dedicated Highways (Landowner Statements andDeclaration) (England) Regulations 2013 or (fdeposited before 1st October 2013) in accordance withsection 31(6) ofthe Highways Act 1980. Any accompanying map must be an ordnance map at a scale ofnot less than 1.10,560 showing the boundary ofthe land to which the application relates in colourededging.

9. An application must be accompanied by the requisitefee —please ask the appropriate authorityfordetails.

Page 4: Notice of landowner deposits under section 31(6) of the ... · SCHEDULE 1 Regulation 2(2)(a) Application Form Form CA16 Application Form for deposits under section 31(6) of the Highways

10. ‘Appropriate authority ‘ means (a) in relation to a map or statement deposited or declaration lodgedunder section 31 (6) ofthat Act, an appropriate council (as defined in section 3] (7) ofthe Highways Act1980); and (b) in relation to a statement and map deposited under section 15A(1) ofthe 2006Act, acommons registration authority (defined in section 4 ofthe Commons Act 2006 and section 2 oftheCommons Registration Act 1965). In practice, the appropriate council and commons registrationauthority will usually be the same body.

PART A: Information relating to the applicant and land to which the application relates(all applicants must complete this Part)

1 . Name of appropriate authority to which the application is addressed: North Yorkshire County Council

2. Name and full address (including postcode) of applicant: Taylor Wimpey UK Ltd, C/O Jamie Chalmers,Smiths Gore, 26 Coniscliffe Road, Darlington, DL3 7JX

3. Status ofapplicant (tick relevant box or boxes):

I am(a) El the owner ofthe land(s) described in paragraph 4.

(b) Xl making this application and the statements/declarations it contains on behalf of TAYLOR

WIMPEY UK LTD who is the owner ofthe land(s) described in paragraph 4 and in my capacity as Agent.

4. Insert description ofthe land(s) to which the application relates (including full address and postcode):Land at Stokesley, (nearest postcode) T59 5PX

5. Ordnance Survey six-figure grid reference(s) of a point within the area of land(s) to which theapplication relates (ifknown): NZ5 1908$

6. This deposit comprises the following statement(s) and/or declarations (delete Parts B, C, or D where notapplicable):

PART B: Statement under section 31(6) of the Highways Act 1980

TAYLOR WIMPEY UK LTD is the owner ofthe land described in paragraph 4 ofPart A ofthis form andshown in red edging on the map accompanying this statement.

Ways shown in green dashed colouring on the accompanying map are public footpaths.

Page 5: Notice of landowner deposits under section 31(6) of the ... · SCHEDULE 1 Regulation 2(2)(a) Application Form Form CA16 Application Form for deposits under section 31(6) of the Highways

PART C: Declaration under section 31(6) of the HighwaysAct 1980

1 . [I am/[insert name ofownerJ isJ the owner of the land described in paragraph 4 of Part A ofthis form

and shown [ins’rt colouring eg. edged ed] on the map [accom anying this declaration/lodged with [insert

name] Council i [insert day, month, ye rJ]. /(delete wording thsquare brackets as ap opriate and/or ins rt information as requ/red)

2. On the [insert daçJ day of [insert month, ear] [L/my/[in ert name ofowner ‘sl 1/edecessor in title [insert

nameJ] deposited witk [insert name ie. Nort Yorkshire C untyJ Council, being fie appropriate council, a

statement accompanieby a map showing [m I[insert n e ofowner ‘sJ] prope/ty [insert colouring ie. in

red edged colouring] w)ch stated that: /[the ways shown [insert bh<e colouring] on that ap nd on the map accon7anying this declaration] had

been dedicated as byways o’pen to all traffic] /[the ways shown [insert brow\colouring] on that map [and on the map /ccompanying this declaration]

had been dedicated as restrictec\bwas] /[the ways shown [insert green coturing] on that map [and on the m/p accompanying this declaration] had

been dedicated as bridleways] \ /[the ways shown [insertpurple colo,,ring] on that map [and on thmap accompanying this declaration]

had been dedicated as footpaths] /[no [other] ways had been dedic/ed as highways over [my/[insert na\e ofowner ‘s]] property]. (delete

wording in square brackets asfrroriate and/or insert information a\required)

[3 . On the [insert day] day o/[insert month, year] [IImy/[insert name of)<vner ‘s] predecessor in title

[insert name]] deposited wfh [insert name] Counc , being the appropriate\council, a declaration dated

[insert day, month, year], /tating that no addition ays [other than those n\arked in the appropriate colour

on the map accompanyh that declaration] had een edicated as [byways oxen to all traffic] [restricted

byways] [bridleways] [$otpaths] since the dep sit of e statement referred to\n paragraph 2 above.]

(delete fnot applicabjie and delete wording i square b ackets as appropriate zd/or insert information as

required) /4. No additional w/ys have been dedicate over the land [i ert colouring eg. edgered] on the map

[accompanying tis declaration/reference in paragraph 1 ab ye] since the statement\dated [insert day,

month, year] reérred to in paragraph 2 ove [since the date f the declaration referre’ to in paragraph 3

above] [other t)4an those [byways open o all traffic] [restricte byways] [bridleways] [otpaths] marked

in the approp$ate colour on the map companying this declara on] and at the present ti’iie [I/[insert name

ofowner]] [Have/has] no intention of dedicating any more public rights of way over [my/the] property.

(delete wording in square brackets as appropriate and/or insert information as required)

PART B: Statement under section 15A(1) of the Commons Act 2006

Taylor Wimpey is the owner ofthe land described in paragraph 4 ofPart A ofthis form and shown edged

in red on the map accompanying this statement.

Taylor Wimpey wishes to bring to an end any period during which persons may have indulged as of right

in lawful sports and pastimes on the whole or any part ofthe land shown edged in red on the

accompanying map.

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Page 7: Notice of landowner deposits under section 31(6) of the ... · SCHEDULE 1 Regulation 2(2)(a) Application Form Form CA16 Application Form for deposits under section 31(6) of the Highways

TWUK Ltd - The Stripe, Stokesely

UK AND OVERSEAS PROPERTY CONSULTANTS SMITHSGORE

Ei Promap

I

OdSy100022432. Ptrtd S1- 1:5000

The plan is published for convenience only. Although thought to be correctits accuracy cannot be guaranteed and it does not form part of the contract.