IN THE MATTER OF THE APPLICATION
FOR THE REGISTRATION AS A NEW TOWN OR VILLAGE GREEN
OF LAND AT FOXWELL DRIVE, HEADINGTON, OXFORD
__________
DIRECTIONS OF THE INSPECTOR
FOR THE PUBLIC INQUIRY COMMENCING ON
29th September 2014
__________
Definitions
1.
In these Directions:
1.1
“the Registration Authority” means Oxfordshire County Council.
1.2
“the Registration Authority’s Service Address” means Oxfordshire County
Council, Definitive Map and Commons, Signal Court, Old Station Way,
Eynsham, Oxfordshire OX29 4TL.
1.3
“the Inspector” means Miss Ross Crail.
1.4
“the Inspector’s Service Address” means New Square Chambers, 12 New Square,
Lincoln’s Inn, London WC2A 3SW.
1.5
“the Application Land” means the land adjacent to Foxwell Drive, Headington,
Oxford which is the subject of the application for registration as a town or village
green under section 15 of the Commons Act 2006 submitted to the Registration
Authority on 14th December 2012.
1.6
“the Applicant” means Miss Georgina Gibbs.
1.7
“the Applicant’s Service Address” means 12 Saxon Way, Headington, Oxford
OX3 9DE.
1.8
“the Objector” means Oxford City Council.
1.9
“the Objector’s Service Address” means Oxford Town Hall, FAO Mr Lindsay
Cane, Law and Governance, St Aldate’s, Oxford OX1 1BX.
1.10 “the Venue” means St Columba’s United Reformed Church, Alfred Street,
Oxford OX1 4EH.
Inquiry arrangements
2.
The inquiry will take place at the Venue, commencing on Monday 29th September 2014
at 10 am and continuing on as many as may be necessary of the following days: 30th
September and 1st, 2nd, 3rd, 6th, 7th, 8th, 9th and 10th October 2014.
3.
The sitting hours will be from 10 am to approximately 5 pm on each day, subject to
variation at the Inspector’s discretion. There will be approximately an hour’s break for
lunch starting at around 1 pm, and short breaks in the morning and afternoon (as
convenient).
4.
An evening session may be arranged between 6pm and 8 pm on Wednesday 1 October
2014, if necessary to accommodate witnesses who cannot attend the inquiry to give
evidence during working hours. Any request for an evening session is to be submitted
in writing to the Registration Authority by 4 pm on 15th September 2014.
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Publicity
5.
The Registration Authority will no later than 8th September 2014 publicise the inquiry:
5.1
on its website;
5.2
by placing an advertisement in at least one local newspaper circulating in the area
of the Application Land;
5.3
by placing notices in conspicuous positions on or near the Application Land;
5.4
by any other means or by service on such other persons as the Registration
Authority may consider appropriate to bring the inquiry to the attention of
persons likely to be affected by the application.
6.
Each notice of the inquiry should state that:
6.1
these Directions have been made, containing detailed instructions for preparation
for the inquiry and information as to the conduct of the inquiry, and are available
on the Registration Authority’s website;
6.2
any person interested in the subject matter of the inquiry who is not being called
as a witness by the Applicant or the Objector and who wishes to give evidence or
make submissions must by 4 pm on 22nd September 2014:
6.2.1 notify the Registration Authority in writing of his intention to attend the
inquiry for that purpose, indicating whether or not he supports the
application, and giving details of his availability to attend on the dates listed
in direction 2 above, and
6.2.2 provide the Registration Authority with a signed and dated written
statement setting out the substance of his evidence.
3
If the Registration Authority receives any notification or statement under direction 6.2,
it will provide a copy of that document to the Inspector and to the parties as soon as
reasonably practicable.
Inquiry bundles
7.
The Applicant will by 4 pm on 15th September 2014 prepare a fully indexed and
paginated inquiry bundle containing the documents listed in direction 8 below, and
serve:
7.1
one copy of that bundle upon the Objector at the Objector’s Service Address;
7.2
two copies of that bundle upon the Registration Authority at the Registration
Authority’s Service Address;
7.3
8.
one copy of that bundle upon the Inspector at the Inspector’s Service Address.
The Applicant’s inquiry bundle will consist of a lever arch file or files, divided into
eleven sections and containing legible copies of:
8.1
the application and any documents supplemental to the application;
8.2
the response to the objection to the application;
8.3
a large scale OS map (at a scale of not less than 1:1,250) marked to show the
boundaries of the Application Land;
8.4
a large scale OS map (at a scale of not less than 1:10,000) marked to show the
boundaries of the area relied upon as a locality (and if the boundaries have been
changed at any material time, a further such map (or maps) showing the
boundaries as they were prior to the change(s));
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8.5
another OS map (at a scale of not less than 1:10,000) marked to show the
boundaries of the area relied upon as a neighbourhood;
8.6
in respect of every witness whom the Applicant intends to call to give oral
evidence at the inquiry, a signed and dated statement setting out the substance of
the witness’s evidence. The statement should be in the witness’s own words. It
may take the form of a statutory declaration. All such statements are to be
arranged in alphabetical order by reference to the witnesses’ surnames. Any
previous witness statement, evidence questionnaire or letter signed by the witness
should be filed immediately after the witness’s statement in each case;
8.7
all other witness statements or statutory declarations upon which the Applicant
wishes to rely in support of the application, arranged in alphabetical order by
reference to the witnesses’ surnames. Any evidence questionnaire or letter signed
by the witness should be filed immediately after the witness’s statement in each
case;
8.8
all other evidence questionnaires upon which the Applicant wishes to rely in
support of the application;
8.9
any other documents (including maps and photographs) relied upon by the
Applicant in support of the application, arranged in chronological order with the
earliest at the front;
8.10 a written summary of the Applicant’s case, including legal submissions;
8.11 any legal authorities upon which the Applicant relies.
9.
The Objector will by 4 pm on 15th September 2014 prepare a fully indexed and
paginated inquiry bundle containing the documents listed in direction 10 below and
serve:
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9.1
one copy of that bundle upon the Applicant at the Applicant’s Service Address;
9.2
two copies of that bundle upon the Registration Authority at the Registration
Authority’s Service Address;
9.3
10.
one copy of that bundle upon the Inspector at the Inspector’s Service Address.
The Objector’s inquiry bundle will consist of a lever arch file or files, divided into six
sections and containing legible copies of:
10.1 the objection;
10.2 in respect of any witness whom the Objector intends to call to give oral evidence
at the inquiry, a signed and dated statement setting out the substance of the
witness’s evidence. The statement should be in the witness’s own words. It may
take the form of a statutory declaration. All such statements are to be arranged in
alphabetical order by reference to the witnesses’ surnames. Any previous witness
statement, statutory declaration, or letter signed by the witness should be filed
immediately after the witness’s statement in each case;
10.3 all other witness statements or statutory declarations upon which the Objector
wishes to rely in support of its objection, arranged in alphabetical order by
reference to the witnesses’ surnames. Any previous witness statement, statutory
declaration, or letter signed by the witness should be filed immediately after the
witness’s statement in each case;
10.4 any other documents (including maps and photographs) relied upon by the
Objector in support of its objection, arranged in chronological order with the
earliest at the front;
10.5 a written summary of the Objector’s case, including legal submissions;
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10.6 any legal authorities upon which the Objector relies.
11.
In the inquiry bundles prepared pursuant to directions 7 to 10 above:
11.1 documents (including photographs) exhibited to, or referred to in, witness
statements, statutory declarations and evidence questionnaires shall be included
immediately after the statement, declaration or questionnaire referring to them
(and shall not be duplicated in the section of the inquiry bundle containing other
documents relied upon);
11.2 double-sided copying of documents shall be undertaken wherever reasonably
practicable. Both sides of each sheet in the inquiry bundles will carry a page
number. Where double-sided copying of a document with an odd number of
pages results in the reverse of the last sheet of the copy being blank, the words
“intentionally blank” should appear on that page;
11.3 documents which in their original form contain colour must be reproduced in
colour;
11.4 each photograph is to be accompanied by a caption stating by whom it was taken
and the date on which it was taken (if known), or the source from which it was
obtained and its approximate date, and what the photograph is said to show.
12.
The parties shall include copies of documents in their respective inquiry bundles, but
shall bring to the inquiry all such originals as are in their possession or control. In
respect of documents the originals of which are not in their possession or control,
details of where the original is kept and available for inspection shall be included in the
inquiry bundle.
13.
The Registration Authority will by 4 pm on 15th September 2014 prepare a fully
indexed and paginated inquiry bundle containing the documents listed in direction 14
below, and serve one copy upon each of:
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13.1 the Applicant, at the Applicant’s Service Address;
13.2 the Objector, at the Objector’s Service Address; and
13.3 the Inspector, at the Inspector’s Service Address.
14.
The Registration Authority’s inquiry bundle will contain:
14.1 copies of the relevant part of every version of the definitive map and statement of
public rights of way in force since 1970 showing public rights of way across or in
the vicinity of the Application Land (if any), and of any modification orders or
applications for modification orders affecting the Application Land made under
section 53 of the Wildlife and Countryside Act 1981 since 1983;
14.2 if any part of the Application Land is registered as common land, copies of the
land, rights and ownership sections of the relevant register unit(s) together with a
coloured copy of the relevant parts of the register map;
14.3 copies of any written representations submitted to the Registration Authority in
connection with the Applicant’s application by members of the public acting
independently of the parties (other than pursuant to direction 6.2 above).
15.
The Registration Authority shall bring one copy of each inquiry bundle to the inquiry
for use by witnesses.
16.
Any interested person shall be entitled by prior appointment in Registration Authority
business hours at any time before the inquiry to inspect at the Registration Authority’s
Service Address any inquiry bundle held by the Registration Authority (contact: 01865
810808).
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Proceedings at the inquiry
17.
The inquiry will be conducted in the following order:
17.1 the Applicant’s opening statement;
17.2 the evidence of the Applicant’s witnesses (including cross-examination and reexamination);
17.3 the Objector’s opening statement;
17.4 the evidence of the Objector’s witnesses (including cross-examination and reexamination);
17.5 the evidence and submissions of other members of the public at the discretion of
the Inspector (including any cross-examination);
17.6 the Objector’s closing submissions;
17.7 the Applicant’s closing submissions.
18.
Witnesses or submissions may be heard out of order at the discretion of the Inspector if
good reason is shown.
19.
Evidence will be given unsworn.
20.
The Inspector:
20.1 will conduct a site visit to the Application Land and surrounding area
accompanied (at the option of the parties) by the Applicant or a representative of
the Applicant and/or a representative of the Objector at a time to be arranged
following the conclusion of the evidence; and
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20.2 may make an unaccompanied site visit at any time.
21.
The Inspector will prepare and provide a written report and recommendation for the
Registration Authority after the conclusion of the inquiry.
Varying these directions
22.
Either party may make a written application to the Inspector to vary or supplement
these Directions, or to hold a pre-inquiry meeting, at any time before the inquiry
commences. Any such application shall be submitted to the Registration Authority,
which will as soon as practicable forward a copy to the Inspector, and simultaneously
copied to the other party.
23.
The Inspector may supplement or vary these Directions at any time prior to the
commencement of the inquiry, with or without such an application.
24.
The Registration Authority will:
24.1 send to the parties at their respective Service Addresses a copy of these
Directions, and of any amended or supplemental Directions, as soon as
practicable following their issue;
24.2 publish these Directions, and any amended or supplemental Directions, on its
website.
Ross Crail
Lincoln’s Inn
6th August 2014
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IN THE MATTER OF THE APPLICATION
FOR THE REGISTRATION AS A NEW TOWN OR VILLAGE GREEN
OF LAND AT FOXWELL DRIVE, HEADINGTON, OXFORD
__________
DIRECTIONS OF THE INSPECTOR
FOR THE PUBLIC INQUIRY COMMENCING ON
29th September 2014
__________
P G Clark
County Solicitor
Oxfordshire County Council
County Hall
New Road
Oxford OX1 1ND