Decision details

Application to amend the register to record an historic event made under Commons Act 2006 Part 1 – Sch 3 and The Commons Registration (England) Regulations 2014 Sch4 Paragraph 19

Decision Maker: Chief Executive Officer

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


The Chief Executive Officer considered the application to sever grazing rights attached to land at right entry 12 of common land unit CL37, Swineside Moor and agreed that the Commons Register be amended to show that these rights are severed and now registered as rights held in gross for the reasons set out below in this decision record.

By whom: Richard Flinton, Chief Executive Officer, under emergency delegated powers and after consultation with the Planning and Regulatory Functions Sub-Committee

PLEASE NOTE that as a non-executive function, this decision is not open to call in.

Reasons for the decision:

Under his delegated decision making powers in the Officers’ Delegation Scheme in the Council’s Constitution, the Chief Executive Officer has power, in cases of emergency, to take any decision which could be taken by the Council, the Executive or a committee.

Following on from the expiry of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (“the 2020 Regulations”), which allowed for committee meetings to be held remotely, the County Council resolved at its meeting on 5 May 2021 that, for the present time, in light of the continuing Covid-19 pandemic circumstances, remote live-broadcast committee meetings should continue, with any formal decisions required being taken by the Chief Executive Officer under his emergency decision making powers and after consultation with other Officers and Members as appropriate and after taking into account any views of the relevant Committee Members.

The Chief Executive Officer has taken all relevant information into account in exercising his emergency delegated powers in this matter, including considering the views of the Planning and Regulatory Functions Sub-Committee.

The reasons for the decision in this matter are as follows:

The application has met the criteria contained in the Commons Act 2006 and the Commons Registration (England) Regulations 2014.

Alternative options considered:


Publication date: 11/11/2021

Date of decision: 11/11/2021