Minutes of the Special Meeting of New Hutton Parish Council on 1st February 2012
120201-1 Present
Tony Ellis, Henry Robinson, Tony Porter (Chairman), Arthur Robinson (clerk) and one parishioner
120201-2 Apologies
Pat Bell and Martyn Welch
120201-3 Background
On the 25th January the parish clerk received a notice from the Land Registry stating that the Trustees of the Lonsdale Estate had applied to register the ownership of the mines, minerals and associated rights in relation to the Manor of New Hutton in which the parish field lies. The deadline for a response to the application was noon on the 13th February 2012.
The 1837 Enclosure Award Act for the parish (held at Cumbria Records Office, Kendal) contains the following statements relating to mining and minerals:
Paragraph XL
“... the said Commissioners shall and they are hereby required to set out a Portion of the Lands or Grounds hereby directed to be inclosed to be for ever left open for the Purposes of Exercise and Recreation of the Inhabitants of the said several Townships or Divisions of Mansergh, Lupton, Old Hutton and Holme Scales, and New Hutton, and the neighbouring Population; ...”
Paragraph LIX
“... nothing in this Act contained shall be construed or adjudged to defeat, lessen or prejudice the Right, Title or Interest of the Lord or Lords of the Manors ...”
“... and at all Times hereafter have hold, work, and enjoy all Mines, Minerals, and Quarries, of what Nature or Kind soever ...”
“... and to have and exercise all such Rights, Privileges, and Powers for searching for, working, and winning the Mines and Quarries, and leading and carrying away ...”
Paragraph LX
“... shall make a full and reasonable Satisfaction for the Damage and Spoil of the Ground occasioned thereby ... to the Person or Persons, Bodies Politic, ... who shall be in the Possession of such Ground at the Time or Times of such Damage or Spoil;”
120201-4 Discussion
It was unanimously decided that no objection could be raised to the application by the Lonsdale Estates to register the mining, mineral and associated rights to the Parish Field [Proposer – Tony Porter; Seconder – Henry Robinson]
It was decided that a letter should be sent to Dickinson Dees, solicitors for the Lonsdale Estates:
a. Emphasising that, as stated in the Act, full compensation would be required if Lonsdale Estates were to exercise any of their rights on the field.
b. In view of the field belonging to the community, whether Lonsdale Estates would transfer ownership of the rights to the parish.
Arthur Robinson
Parish Clerk
120201-1 Present
Tony Ellis, Henry Robinson, Tony Porter (Chairman), Arthur Robinson (clerk) and one parishioner
120201-2 Apologies
Pat Bell and Martyn Welch
120201-3 Background
On the 25th January the parish clerk received a notice from the Land Registry stating that the Trustees of the Lonsdale Estate had applied to register the ownership of the mines, minerals and associated rights in relation to the Manor of New Hutton in which the parish field lies. The deadline for a response to the application was noon on the 13th February 2012.
The 1837 Enclosure Award Act for the parish (held at Cumbria Records Office, Kendal) contains the following statements relating to mining and minerals:
Paragraph XL
“... the said Commissioners shall and they are hereby required to set out a Portion of the Lands or Grounds hereby directed to be inclosed to be for ever left open for the Purposes of Exercise and Recreation of the Inhabitants of the said several Townships or Divisions of Mansergh, Lupton, Old Hutton and Holme Scales, and New Hutton, and the neighbouring Population; ...”
Paragraph LIX
“... nothing in this Act contained shall be construed or adjudged to defeat, lessen or prejudice the Right, Title or Interest of the Lord or Lords of the Manors ...”
“... and at all Times hereafter have hold, work, and enjoy all Mines, Minerals, and Quarries, of what Nature or Kind soever ...”
“... and to have and exercise all such Rights, Privileges, and Powers for searching for, working, and winning the Mines and Quarries, and leading and carrying away ...”
Paragraph LX
“... shall make a full and reasonable Satisfaction for the Damage and Spoil of the Ground occasioned thereby ... to the Person or Persons, Bodies Politic, ... who shall be in the Possession of such Ground at the Time or Times of such Damage or Spoil;”
120201-4 Discussion
It was unanimously decided that no objection could be raised to the application by the Lonsdale Estates to register the mining, mineral and associated rights to the Parish Field [Proposer – Tony Porter; Seconder – Henry Robinson]
It was decided that a letter should be sent to Dickinson Dees, solicitors for the Lonsdale Estates:
a. Emphasising that, as stated in the Act, full compensation would be required if Lonsdale Estates were to exercise any of their rights on the field.
b. In view of the field belonging to the community, whether Lonsdale Estates would transfer ownership of the rights to the parish.
Arthur Robinson
Parish Clerk
