HC Deb 29 July 1931 vol 255 cc2288-9
72. Mr. EDE

asked the Minister of Agriculture if the application made to him by the urban district council of Esher and the Dittons, Surrey, to enclose 8,170 square feet of Ditton Common will, if granted, restrict or destroy the right of access of the public to this Metropolitan common; if it is proposed to give any land in lieu of the land so enclosed; what is the purpose for which it is proposed to use the land after enclosure; and will he decline to sanction any enclosure unless an area at least equivalent to that enclosed is added to the common?

Mr. BEN SMITH

No application such as that referred to by my hon. Friend has reached my right hon. Friend's Department, and until an application is made, and all parties concerned have had an opportunity of submitting their views, it is impossible to state what effect the proposed appropriation of common land will have on the right of public access, or whether the application will be granted, or refused, or, if granted, whether any conditions will be imposed.

Mr. EDE

Will my hon. Friend ask his right hon. Friend to refer to the advertisement columns of the local Press, where it is advertised that this is being submitted to him for approval?

Mr. SMITH

I will willingly see that that is communicated to my right hon. Friend, but I would point out that the district council published on 25th July notice of their intention to apply for his consent to the purchase of land for highway improvements, though that application has not yet reached the Department.

73. Mr. EDE

asked the Minister of Agriculture if his attention has been drawn to the erection of buildings on part of Esher Common, near West End, Esher, and to the alteration of levels on the surface of the common; if his consent has been sought and given under the Law of Property Act, 1925; and what steps he proposes to take to have the common restored to its original condition?

Mr. SMITH

The answers to the first two parts of the question are in the negative. As regards the last part, my right hon. Friend has no power himself to intervene, but if the facts are as stated and access to the common is prevented or impeded by the works in question, any person interested in the common may apply to the county court to make an order for the removal of the works and for the restoration of the land to the condition in which it was before the work was undertaken.