on chesterwest and chester, on searching for information about planing permission to put another gate at the councel allottments at my expense,they seem to me to be saying that this is only a matter for farndon council and that they can decide the matter , is this correct. this is the first time that I have emailed you.
So, it seems the B5130 into Chester will be closed near the Rake & Pikel for 2 weeks whilst they install another crossing. Recommended route is via Sibbersfeld Lane….it will be chaos, again…does the parish council have any thoughts on this. It seems that they wait until other options are already closed, and the schools have gone back to implement such disruption….
Hi Sam, as a Parish Council we have not been informed officially of this closure but I have had sight of the Temporary prohibition notice which comes in to force 10 September for approximately 2 weeks. The next Parish Council meeting is Tuesday 4th September and I will raise it for discussion.
Yesterday I took a walk down the green lane that runs from the bottom of Quarry Hill right down to the Farndon by pass. The lane right down near the by pass is completed flooded. Someone whether it be Water Board or farmer seems to have filled the drainage ditch with soil. Why?
There are also a number of trees that have come down in the same place blocking the footpath to walkers.
Hi Hugh, I raised this at our April Parish Council meeting …. a representative from Barnston Estates was present and gave assurances that they have this matter in hand. Please get back in touch if you feel the need to do so ….
kind regards
Claire (Parish Clerk)
Dear Ann, thank you for taking the time to get in touch. Unfortunately during this time of the Covid 19 pandemic the churchyard was shut for a while and the church itself is similarly affected. Contractors were unable to travel to site to complete our usual maintenance schedule until very recently , again due to Covid restrictions. All of this has had a detrimental effect on how we would usually endeavour to keep the churchyard and its environs. We also rely on volunteers to help with the upkeep of the churchyard and especially the War Memorial as funding only covers so much … during the lockdown period and now in the post lockdown but Covid present time our volunteers have not been so free and able to give of their time. We are acutely aware of the need to maintain the churchyard but have only just been able to secure a new contractor to take over the work as sadly our pre Covid contractors business did not survive lockdown. As you can see there have been and remain challenges but I can assure you that the upkeep of the churchyard is firmly in the sights of the Parish Council. Ideally we could do with more volunteers to come forward but its not always that easy to find people and not likely during the current pandemic.
Hopefully you will return to Farndon another day post Covid when we are back on track and find the situation to be different.
FEBRUARY MINUTES – PRIVATE TRACK OFF CHURTON ROAD
LEGAL STATUS.
With reference to the minutes regarding the private track off Churton Road status, we have heard a Parish Councillor claiming you have spoken to CWAC (the surveying authority) and been advised that the private track is indeed private land, it is not a highway and is not a public right of way. Can you confirm please that you have spoken to the surveying authority and received this information?
With regard to the Land Registry confirming it is not registered land, please see below for the government’s explanation of unregistered land. The land upon which Wellington Green was built was also unregistered land prior to sale as an example. These facts can also be verified through any Solicitor and the legal status of land can only be changed via a legal procedure.
“Over 85% of land and property in England and Wales is now registered with us. Much of the land owned by the Crown, the aristocracy, and the Church has not been registered, because it has never been sold, which is one of the main triggers for compulsory registration.
Some people think that unregistered land isn’t owned by anyone or refer to it as ‘no man’s land’. But this isn’t right. In England and Wales, all land is owned by somebody, even if the legal owner can’t be identified. For example, if a person dies without a Will or blood relatives, their land or property can pass to the crown by law (referred to as Bona Vacantia).”
We have it on good authority that the hope is that the application will be “started “ this year. In the meantime the private track remains private land, not a highway and not a public right of way.
This can also be verified through any Solicitor if in doubt.
Your honesty in this matter would be greatly appreciated. Many thanks.
Dear Jayne, Thank you for your comments made in respect of the February Minutes of the Parish Council meeting of 1st February 2022 in respect of the track off Churton Road.
The Parish Council have made an application to CWaC for a Definitive Map Modification Order (DMMO) pursuant to s.53 of the Wildlife and Countryside Act 1981, in order to formally recognise the existence of a public right of way (PROW) across the track. The very nature of such an application requires the land in question to have been used without the permission of the land owner for the requisite period. The track is understood to be unregistered land. The Parish Council are aware that this does not mean the land has no owner, merely that the owner cannot be identified as the formal process of registration under the various Land Registration Acts has not taken place. However, this actually makes no difference to the DMMO process, which proceeds in precisely the same manner whether the land is registered or not. No other person other than the legal owner of the land has the right to grant or deny permission to access the land and no other person other than the legal owner has the right to prevent access to the land. The legal owner of the track is the person or body who has a right to ownership or possession of the land, that being a freehold or leasehold estate. Such an estate is defined in law and does not include owners of neighbouring properties or other users of the track.
We trust this satisfactorily clarifies the position.
Thanks for your reply, regrettably it does not answer my question, nor does it acknowledge our rights.
To reiterate, a Parish Councillor has been heard to claim that the Parish Council has been In touch with the Surveying Authority (CWAC) and you have been advised that the track is indeed private land, It is not a highway of any type nor a prow. Would the P.C please confirm that it has been given these facts, a simple yes would suffice.
You now acknowledge that unregistered land does not mean “unowned”, you also confirm that only the owner of the land can authorise its use by others. I respectfully point out that as the P.C is NOT the owner, then it too has no right to incite use on this land in anticipation of the determination of your prow application, which is ultra vires its powers. Additionally I consider use by the Parish Councillors to contravene the expected behaviour of a person in such a position. The Parish Councillor was also heard to state that “they were only using it to annoy them”. I simply request that the P.C and others act with respect and lawfully. If this is unacceptable to you then we will have no alternative but to take our own remedial action.
Constructive comments are welcome. Please enter your details and what you would like to say below
What a great improvement to the website!
Thank you for your comment. There was a lot of work to do but it was worth it.
on chesterwest and chester, on searching for information about planing permission to put another gate at the councel allottments at my expense,they seem to me to be saying that this is only a matter for farndon council and that they can decide the matter , is this correct. this is the first time that I have emailed you.
Hello Mr Norry. Farndon Parish Council have their next meeting on Tuesday 6 Feb and your request will be discussed. Thank you
Interesting events in Tarporley to commemorate the end of WW1. Anything planned for Farndon? http://www.so-cheshire.co.uk/inaugural-tarp-fest-set-to-commemorate-ww1-anniversary/
Hello Mr Royden. Thank you for your comment. Our next Council meeting is on Tues 5 Jun and your question will be raised.
So, it seems the B5130 into Chester will be closed near the Rake & Pikel for 2 weeks whilst they install another crossing. Recommended route is via Sibbersfeld Lane….it will be chaos, again…does the parish council have any thoughts on this. It seems that they wait until other options are already closed, and the schools have gone back to implement such disruption….
Hi Sam, as a Parish Council we have not been informed officially of this closure but I have had sight of the Temporary prohibition notice which comes in to force 10 September for approximately 2 weeks. The next Parish Council meeting is Tuesday 4th September and I will raise it for discussion.
Dear Farndon Parish Council,
Yesterday I took a walk down the green lane that runs from the bottom of Quarry Hill right down to the Farndon by pass. The lane right down near the by pass is completed flooded. Someone whether it be Water Board or farmer seems to have filled the drainage ditch with soil. Why?
There are also a number of trees that have come down in the same place blocking the footpath to walkers.
Can the parish council investigate this please.
Regards,
Hugh
Hi Hugh, Thanks for taking the time to get in touch … will look into this and see if we can resolve..
Kind regards
Claire (Parish Clerk)
Hi Hugh, I raised this at our April Parish Council meeting …. a representative from Barnston Estates was present and gave assurances that they have this matter in hand. Please get back in touch if you feel the need to do so ….
kind regards
Claire (Parish Clerk)
Hi Sue, Holt Community Council should be able to help you with that … you can contact them at info@holtvillage.co.uk
Kind regards
Farndon Parish Clerk
Dear Ann, thank you for taking the time to get in touch. Unfortunately during this time of the Covid 19 pandemic the churchyard was shut for a while and the church itself is similarly affected. Contractors were unable to travel to site to complete our usual maintenance schedule until very recently , again due to Covid restrictions. All of this has had a detrimental effect on how we would usually endeavour to keep the churchyard and its environs. We also rely on volunteers to help with the upkeep of the churchyard and especially the War Memorial as funding only covers so much … during the lockdown period and now in the post lockdown but Covid present time our volunteers have not been so free and able to give of their time. We are acutely aware of the need to maintain the churchyard but have only just been able to secure a new contractor to take over the work as sadly our pre Covid contractors business did not survive lockdown. As you can see there have been and remain challenges but I can assure you that the upkeep of the churchyard is firmly in the sights of the Parish Council. Ideally we could do with more volunteers to come forward but its not always that easy to find people and not likely during the current pandemic.
Hopefully you will return to Farndon another day post Covid when we are back on track and find the situation to be different.
FEBRUARY MINUTES – PRIVATE TRACK OFF CHURTON ROAD
LEGAL STATUS.
With reference to the minutes regarding the private track off Churton Road status, we have heard a Parish Councillor claiming you have spoken to CWAC (the surveying authority) and been advised that the private track is indeed private land, it is not a highway and is not a public right of way. Can you confirm please that you have spoken to the surveying authority and received this information?
With regard to the Land Registry confirming it is not registered land, please see below for the government’s explanation of unregistered land. The land upon which Wellington Green was built was also unregistered land prior to sale as an example. These facts can also be verified through any Solicitor and the legal status of land can only be changed via a legal procedure.
https://hmlandregistry.blog.gov.uk/2018/02/05/search-owner-unregistered-land/
“Over 85% of land and property in England and Wales is now registered with us. Much of the land owned by the Crown, the aristocracy, and the Church has not been registered, because it has never been sold, which is one of the main triggers for compulsory registration.
Some people think that unregistered land isn’t owned by anyone or refer to it as ‘no man’s land’. But this isn’t right. In England and Wales, all land is owned by somebody, even if the legal owner can’t be identified. For example, if a person dies without a Will or blood relatives, their land or property can pass to the crown by law (referred to as Bona Vacantia).”
We have it on good authority that the hope is that the application will be “started “ this year. In the meantime the private track remains private land, not a highway and not a public right of way.
This can also be verified through any Solicitor if in doubt.
Your honesty in this matter would be greatly appreciated. Many thanks.
Dear Jayne, Thank you for your comments made in respect of the February Minutes of the Parish Council meeting of 1st February 2022 in respect of the track off Churton Road.
The Parish Council have made an application to CWaC for a Definitive Map Modification Order (DMMO) pursuant to s.53 of the Wildlife and Countryside Act 1981, in order to formally recognise the existence of a public right of way (PROW) across the track. The very nature of such an application requires the land in question to have been used without the permission of the land owner for the requisite period. The track is understood to be unregistered land. The Parish Council are aware that this does not mean the land has no owner, merely that the owner cannot be identified as the formal process of registration under the various Land Registration Acts has not taken place. However, this actually makes no difference to the DMMO process, which proceeds in precisely the same manner whether the land is registered or not. No other person other than the legal owner of the land has the right to grant or deny permission to access the land and no other person other than the legal owner has the right to prevent access to the land. The legal owner of the track is the person or body who has a right to ownership or possession of the land, that being a freehold or leasehold estate. Such an estate is defined in law and does not include owners of neighbouring properties or other users of the track.
We trust this satisfactorily clarifies the position.
Dear Parish Council,
Thanks for your reply, regrettably it does not answer my question, nor does it acknowledge our rights.
To reiterate, a Parish Councillor has been heard to claim that the Parish Council has been In touch with the Surveying Authority (CWAC) and you have been advised that the track is indeed private land, It is not a highway of any type nor a prow. Would the P.C please confirm that it has been given these facts, a simple yes would suffice.
You now acknowledge that unregistered land does not mean “unowned”, you also confirm that only the owner of the land can authorise its use by others. I respectfully point out that as the P.C is NOT the owner, then it too has no right to incite use on this land in anticipation of the determination of your prow application, which is ultra vires its powers. Additionally I consider use by the Parish Councillors to contravene the expected behaviour of a person in such a position. The Parish Councillor was also heard to state that “they were only using it to annoy them”. I simply request that the P.C and others act with respect and lawfully. If this is unacceptable to you then we will have no alternative but to take our own remedial action.