HC Deb 07 April 1936 vol 310 cc2635-6W
Mr. E. J. WILLIAMS

asked the Chancellor of the Duchy of Lancaster (1) whether he is aware that the sale of the Crown lands of Ogmore-by-Sea and Southerndown to the Dunraven Estates, Limited, is considered by the Penybont Rural District Council and inhabitants of the area as a violation of public interest; and whether he will take steps to see that public amenities are provided by the Dunraven Estates, Limited, and safeguarded by the public authority;

(2) whether, when the Crown lands at Ogmore-by-Sea and Southerndown were sold to Dunraven Estates, Limited, he contemplated that an amount over four figures would be obtained from car fees; and, if so, whether provision was made to safeguard the public amenities for both inhabitants and visitors;

(3) whether, in the sale of the Crown lands at Ogmore-by-Sea and Southern-down, conditions were laid down that public amenities were to be provided from revenue by the Dunraven Estates, Limited; and whether the public authority, i.e., the Penybont Rural District Council, have been consulted in the matter?

Sir J. DAVIDSON

I am not aware that the sale to which the hon. Member refers is locally considered a violation of public interest, and I see no grounds for such an opinion. Prior to the sale the only persons having any interest in the land were His Majesty as Duke of Lancaster and owner of the soil and the commoners, who were all or nearly all owners of property in the vicinity, who had the ancient right of common of pasture over the land for their cattle. Strictly speaking, the public had no right to use the common for exercise or recreation, and those who did so were technically trespassers. The Duchy, however, arranged with the Dunraven Estates, Limited, that that company should execute a declaration under Section 193 (2) of the Law of Property Act, 1925, conferring upon the public the right of access for air and exercise, and that the company should then apply to the Minister of Agriculture and Fisheries for an order under Section 193 (1) for regulating and safeguarding this right. The draft order was deposited. in the parish in March, 1932, for a period of 21 days for inspection by all persons interested. Notices of such deposit were published in the locality specifying a time within which any objections should be notified to the Ministry. One copy of the notice was posted by the Penybont Rural District Council at the entrance to the offices of the council at Bridgend. I understand that no objection was lodged by the rural district council, who presumably regarded the order as satisfactory and adequate for the purposes for which it was intended, and the draft order was confirmed by the Minister without amendment. Among the clauses in the order was one making it a punishable offence to interfere with the use of the land by the public for the purposes of air and exercise. So far from public interest having been violated by the sale, therefore, the fact is that a valuable right of access to this beautiful common was conferred upon the public and was subsequently regulated and safeguarded by an order made by my right hon. Friend.

The provision of further amenities and their safeguarding is not a matter which falls within the purview of the Duchy of Lancaster, and I have no power to take the further steps suggested by the hon. Member. It was quite impossible at the time of sale to estimate, with any degree of certainty, the revenue from fees in future years and no particular amount was contemplated.