A long awaited moment - have your say!

[PB]

A tremendous amount of work has been placed into where we are today.

Where's that? It's a place we've waited for several decades.....

Basically, an application has been made to deregister the common land over the area of Blackbushe in aviation use today. www3.hants.gov.uk/pnadetail?noticeUID=8009

If successful the future of Blackbushe as an airport will be far more assured, suitable new developments may then be entertained. They will be!

This is really a moment in history for our historic airfield, and as members of a forum whose aim it is to support Blackbushe, we now have the golden opportunity to put forward our support of the application, a period that lasts until 8th October, 2017.

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The Commons Act 2006
Section 22: Schedule 2 paragraph 6, (2)
Application to deregister part of Common land entry No CL24,
being a building or land within the curtilage of a building.
Notice is hereby given that an application has been made by Blackbushe Airport Limited, Terminal Building, Blackbushe Airport, Camberley, Surrey, GU17 9LQ, to Hampshire County Council as Commons Registration Authority, concerning part of land at Blackbushe Airport, Yateley Common, Yateley, Hampshire and recorded as part of Common CL24. This is outlined in red on the accompanying plan and described more fully below.
A summary of the effect of the application is as follows:
The land was provisionally registered as common land under section 4 of the Commons Registration Act 1965: on the date of the provisional registration, 16 May 1967, the land was covered by a building or was within the curtilage of a building; the provisional registration became final on 04 April 1978 the land has at all times been, and still is, covered by a building or within the curtilage of the building.
The application seeks to remove part of the common rights recorded under the Commons Act 1965 and remove part of land recorded as part of CL 24 from the Commons Register.
If the application is granted, in whole or in part, the registration authority will give effect to the determination by removing part of the land from the register of common land.

Representations:
 must quote the Application No.03/16
 must state the name and postal address of the person making them, and the nature of that person’s interest (if any) in any land affected by the application, and may include an e-mail address;
 must be signed by the person making them;
 must state the grounds on which they are made; and
 must be sent to: The Commons Registration Authority,Hampshire County Council, Room 0.01, Castle Avenue, High Street, Winchester, Hampshire, SO23 8UL or email : [e-mail]

Representations cannot be treated as confidential.
The date on which the period for making representation expires is:
08 October 2017
The notice relating to the application is available at: www3.hants.gov.uk/publicnotices
The accompanying documents can be inspected at the above address. However, an appointment is required, giving at least 2 days’ notice. Please telephone [phone] or email: [e-mail]
Dated: 24 August 2017

Signed: Jonathan Woods. Jonathan Woods, Countryside Access Group Manager, Countryside Service, Hampshire County Council, Room 0.01, Castle Avenue, High Street, Winchester, Hampshire, SO23 8UL.
Description of the land concerned:
114.87 acres of land at Blackbushe Airport in the parish of Yateley
centred on Ordnance Survey grid reference: SU 8040.5888, with its southern boundary extending to the applicant’s land ownership and A30 road/verge boundary, as outlined in a red line on the accompanying plan. CL24

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Thanking you for your support in anticipation. This will ensure that the application is not met just by objections.

As ever
Peter B

[buckeye]

I'm not an expert on these things, but looking at Section 22 of the Commons Act 2006, it seems to me that the application is seeking to deregister the land on the basis that it was registered in error in the first place. Thus, the merits of deregistering (or keeping it registered) will not be relevant - it will be a factual matter based on evidence of the use of the land leading up to the time it was registered. The reason I am making this comment is that there may be readers of this forum who will have first-hand knowledge of the use of the land who may be able to make valuable comments about that use (or lack of use), rather than what we would like to see there.

I guess it's the airport operators/owners who have made the application. Perhaps a comment from them about what kind of representations would help might be of assistance?

Hope this helps.

Jon

[PB]

Jon
Many thanks for your input, indeed the historic use of said land is an important factor as to how the application proceeds. To that effect I submitted a sworn statement and photographs some months ago that are a component part of the evidence being submitted with regard to the structures, fences, etc., that were and have been constituent parts of the acres in question since 1960...

Blackbushe Airport is situated on land that forms part of Yateley Common, which is common land, subject to common rights, both having been registered under the Commons Registration Act 1965. The Commons Registration Authority is Hampshire County Council (HCC). Provisional registration was made by HCC on 16 May, 1967. The registration was considered by a Commons Commissioner and confirmed by his decision on 26 March, 1975.

The applicant believes that the land at Blackbushe Airport was wrongly registered as common land and is therefore submitting an application to deregister it under Schedule 2, paragraph 6 of the Commons Act 2006. The onus of proof is on the Applicant to prove each of the tests arising under paragraph 6 on the balance of probabilities.

Paragraph 6 states that "if a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of common land".

For paragraph 6 to apply there are four conditions hat have to be met..

1. The land must have been provisionally registered between 2 January 1967 and 21 July 1970.

2. The registration must have become final

3. When provisonally registered the land must have been covered by a building or within the curtilage of building

4. The land must still be covered by a building or with the curtilage of a building

All four conditions have been satisfied.

The term curtilage is generally interpreted to mean an area which is ancillary to the main building. Currently there are no cases defining curtilage in the context of an aerodrome, but other legislation provides useful guidance as to what may be considered to fall within aerodrome curtilage.

In conclusion, greatly simplified, the Application Land (buildings and curtilage) is land to which paragraph 6 applies. The Applicant has discharged the onus of proof for paragraph 6 and the Application Land should therefore be removed from the register of common land.

Representations reinforcing the purpose and benefit potential of the Application Land will always be of great use. Namely, employment and benefit to the local economy while large area of the surrounding land will remain as common land.

Peter B

[rj]

I really think the airport will have a fight on their hands locally. There is certainly a large amount of people who see removing the common rights as the first step in selling the airport for housing. It is not the airport most have a problem with. We know that is very unlikely that it will be built on but many locals are convinced that is what could happen. I think there needs to be a charm offensive by the airport to convince people of this. I see there is a airport Consultative committee meeting on 4/10, might be interesting.
rob

[buckeye]

Thanks Peter - that's very helpful. So it's likely to come down to a legal interpretation as to whether the apron, runway, taxiways and adjacent grassed margins fall within the definition of "curtilage". Do you know whether County Council officers have delegated powers to determine this, or will it have to be decided by Councillors? If the latter, then I can see that the politics and the weight of opinion might be influential.

Jon

[PB]

Jon, you're understanding of my earlier 'planning memo' is quite correct. So far as your question re County officers or councillors I don't have an immediate answer, but it's a very good question! It may well depend on how things progress so far as legal issues are concerned. I'll keep you posted when I find your answer..

RJ, The suggestion of housing is totally off the mark, at no time has there been any suggestion of such an outcome from the Airport owners. It only takes one mention of the housing question to start a local bun fight, a bun fight that in this case would be totally without foundation. I met with the Airport owner yesterday, and can assure all that the drive to develop the airfield is strong and determined. If there is such local opposition to the mere 114 acres of common land in question being deregistered, and subsequently finding itself subject to a planning application in respect of housing, said opponents to housing have one obvious course of action to follow.... Support the Blackbushe Airport Deregistration Application and ensure that the airfield wins the day. That way the locality may enjoy enhanced employment prospects plus it will reap the economic benefits a more comprehensive Blackbushe will yield.. There is one certainty, and that is the fact that Blackbushe from a business point of view will not survive unless it can produce positive financial results from aviation...and that will not happen until the necessary planning is granted, and that is subject to the current deregistration issue. Maybe that indicates the absolute importance of the current Application, an importance that merits every bit of support it can muster.

PB

[geoff7477]

Aug 25, 2017 15:27:44 GMT PB said:

A tremendous amount of work has been placed into where we are today.

Where's that? It's a place we've waited for several decades.....

Basically, an application has been made to deregister the common land over the area of Blackbushe in aviation use today. www3.hants.gov.uk/pnadetail?noticeUID=8009

If successful the future of Blackbushe as an airport will be far more assured, suitable new developments may then be entertained. They will be!

This is really a moment in history for our historic airfield, and as members of a forum whose aim it is to support Blackbushe, we now have the golden opportunity to put forward our support of the application, a period that lasts until 8th October, 2017.

****************************************************************************************************************************************************************************************************************


The Commons Act 2006
Section 22: Schedule 2 paragraph 6, (2)
Application to deregister part of Common land entry No CL24,
being a building or land within the curtilage of a building.
Notice is hereby given that an application has been made by Blackbushe Airport Limited, Terminal Building, Blackbushe Airport, Camberley, Surrey, GU17 9LQ, to Hampshire County Council as Commons Registration Authority, concerning part of land at Blackbushe Airport, Yateley Common, Yateley, Hampshire and recorded as part of Common CL24. This is outlined in red on the accompanying plan and described more fully below.
A summary of the effect of the application is as follows:
The land was provisionally registered as common land under section 4 of the Commons Registration Act 1965: on the date of the provisional registration, 16 May 1967, the land was covered by a building or was within the curtilage of a building; the provisional registration became final on 04 April 1978 the land has at all times been, and still is, covered by a building or within the curtilage of the building.
The application seeks to remove part of the common rights recorded under the Commons Act 1965 and remove part of land recorded as part of CL 24 from the Commons Register.
If the application is granted, in whole or in part, the registration authority will give effect to the determination by removing part of the land from the register of common land.

Representations:
 must quote the Application No.03/16
 must state the name and postal address of the person making them, and the nature of that person’s interest (if any) in any land affected by the application, and may include an e-mail address;
 must be signed by the person making them;
 must state the grounds on which they are made; and
 must be sent to: The Commons Registration Authority,Hampshire County Council, Room 0.01, Castle Avenue, High Street, Winchester, Hampshire, SO23 8UL or email : [e-mail]

Representations cannot be treated as confidential.
The date on which the period for making representation expires is:
08 October 2017
The notice relating to the application is available at: www3.hants.gov.uk/publicnotices
The accompanying documents can be inspected at the above address. However, an appointment is required, giving at least 2 days’ notice. Please telephone [phone] or email: [e-mail]
Dated: 24 August 2017

Signed: Jonathan Woods. Jonathan Woods, Countryside Access Group Manager, Countryside Service, Hampshire County Council, Room 0.01, Castle Avenue, High Street, Winchester, Hampshire, SO23 8UL.
Description of the land concerned:
114.87 acres of land at Blackbushe Airport in the parish of Yateley
centred on Ordnance Survey grid reference: SU 8040.5888, with its southern boundary extending to the applicant’s land ownership and A30 road/verge boundary, as outlined in a red line on the accompanying plan. CL24

****************************************************************************************************************************************************************************************************************

Thanking you for your support in anticipation. This will ensure that the application is not met just by objections.

As ever
Peter B

there is a tremendous amount of objection to this locally. whilst almost everybody locally supports the continued existence of the airport and would be happy for it to continue it's growth to a point the de registration is a step too far. the fact that the airport is registered as common land goes some way to protecting it from development. As common land it cannot have houses built on it and had to remain as an airport or back to common land. take this protection away and we see a future where the airport is sold and houses built on it much like has happended to other local airports.

[rj]

Indeed Geoff, I don't think anybody on here believes the owners have plans for anything but a airport on the site. However none of us can see into the future. I think it would more likely be a gravel pit than housing. What we do not seem to know is what difficulties the current status make to planning applications. Personally I think the airport has a big fight on it's hands. The crazy thing is that it has been private land for 200+ years and should the airport continue as planned the change would have no real negative effect on day to day life here.

[flyboy]

2.10.17 20.30L

I note a large banner has appeared in the middle of Yateley in effect saying "Say NO to the removal of common rights on Blackbushe Airport". I can't remember the exact wording but it's something like that.
To counter this it is therefore even more important to let Hampshire County Council receive your letter in support of the commons rights removal(See details above). So please put pen to paper or send an e-mail to help avoid the risk of the loss of this valuable asset.
Without the removal of the commons rights the airport owners can't develop the airfield and thus make it pay.
Your support is therefore very important. Thanks. Stuart

[rj]

I can no longer attend tonight meeting, not that it is massively important. Unless there is a overriding technicality, the airport will definitely loose on local public opinion. Not that it is always the deciding factor in these matters.