NORTH YORKSHIRE COUNTY COUNCIL

COMMONS ACT 2006 — SCHEDULE 3

Notice of an application to amend the register to record an historic event

Application Reference Number: CA14 013

Burnsall and Thorpe Fell (CL 213)

Application has been made to the North Yorkshire County Council by Mrs Wendy Riley under Schedule 3 (3)(c) of the Commons Act 2006 and in accordance with the Commons Registration (England) Regulations 2014 for the amendment of the Register of Common Land.

The application, which includes documentary evidence, may be inspected by appointment at the following location between the hours of 8.30am and 5.00pm:-

North Yorkshire County Council, Commons Registration, County Hall, Northallerton, North Yorkshire DL7 8AD

Any person wishing to make a representation regarding this amendment: • should quote the Application No. CA14 013 • must state the name and postal address of the person making the representation and the nature of that

person’s interest (if any) in any land affected by the application. • may include an e-mail address of the person making the representation • must be signed by the person making the representation • must state the grounds on which the representation is made • should send the representation to: Commons Registration Officer, Commons Registration North Yorkshire

County Council, County Hall, Northallerton, North Yorkshire DL7 8AD or e-mail to commons.registration@northyorks.gov.uk on or before 17 August 2018.

Representations cannot be treated as confidential, and a copy will be sent to the applicant in accordance with Regulation 25 of the 2014 Regulations. Should the application be referred to the Planning Inspectorate for determination, in accordance with Regulation 26 of the 2014 Regulations, any representations will be forwarded to the Planning Inspectorate.

A summary of the effect of the application (if granted) is as follows: the Registration Authority will amend the Register for unit number CL 213 by updating the common land register accordingly with the details as contained in the application severing the rights from Rookery Farm, Thorpe and registering those rights as rights held in gross by Mrs Wendy Riley.

Dated: 28 June 2018

Barry Khan

Assistant Chief Executive, Legal and Democratic Services North Yorkshire County Council

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Note 5 5. Description of the land over which the right is exercisableThis box is toidentify the Name by which the land is usually known:common over which the right previously created has become exercisable.It should be completed only if your application is to registers right of common or vary a right because it has become exercisable over new land. The accompanying Ordnance map must be at a scale of at least 1:2,500, or 1:10,560 if the land is wholly or predominantly moorland, and show the land by means of distinctive colouring within an accurately identified boundary.

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Tick the box to confirm that you have attached an Ordnance map ofthe land: □

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Noted 6. Description of the land to which the right is attached, if relevantThis box should be completed only where the historic event relates to a right which is attached to land. This would include: creation of a right (unless the right of . common is held in gross); surrender of a right; variation of a right; and severance of a right, in which case you must supply an Ordnance map of the dominant tenement to which the right is attached. The map must be at a scale ofat least 1:10,560 and show the land by means of distinctive colouring within an accurately identified boundary. This requirement also applies to apportionments but the map must show the whole of the dominant tenement before the apportionment and the part of the land to which the right was attached following the apportionment. Give a grid reference or other identifying detail to enable the land to be located.If available please also give the Land Registry title number.

Name by which the land is usually known:

Tick the box to confirm that you have attached a Ordnance map ofthe land: □

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*Note 7 7. Description of the historic event to be registered (except apportionment)Describe the amendment to be made to the register.

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Hole 8 8. Details of the apportionmentIf you are applying to register an apportionment you must submit a separate ‘primary’ application along with this application. A primary application can be made where only part of the apportioned right attached to land has been surrendered, extinguished, varied, severed from the land to which it was attached, or is the subject of a statutory disposition.

Specify the name and address of the owner of the land to which is attached the part of the right of common which is the subject of the primary application:

Specify the rateable apportionment of the right (i.e. the quantity of the right which attaches the relevant land following the apportionment):

If the right is to be apportioned otherwise than rateably, explain the basis for that claim and state which evidence you have provided which corroborates that claim:

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Note 9 9. Supporting documentationList all supporting documents (deeds or other legal documents) and maps accompanying the application, or primary application if relevant. This includes evidence of your capacity to apply and copies of any relevant instrument giving effect to the event to be registered. There may be further evidential requirements: see the Guidance.There is no need to submit copies of documents issued by the registration authority or to which it was a party but they should still be listed. Use a separate sheet if necessary.

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Note 10 10. Fairness testA test of fairness does not apply during the transitional period (ask the registration authority whether it currently applies).If you apply after that period you must explain why, taking into account the effect of your application and any persons affected by it, it would be fair for the registration authority to amend the register.

file:///N|/...on%20land%20register%20CA14%20013%20Thorpe%20Fell%20(CL%20213)%20-%20Right%20Entries%206%20and%2030.htm[25/06/2018 10:31:11]

Good Afternoon, Please refer to the attached regarding your client’s application to amend the common land register for Thorpe Fell (CL 213) –Right Entries 6 and 30. Kind Regards Jayne ApplegarthCommons Registration Officercommons.registration@northyorks.gov.uk01609 534753

Access your county council services online 24 hours a day, 7 days a week at www.northyorks.gov.uk.

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North Yorkshire County Council.

Part B: CalculationsWe calculated the total BPS claim value by adding together:

• the main BPS claim value (excluding greening and young farmer parts of your claim)

• the greening payment• the young farmer payment (if one is due)

The value of each of these parts of your claimdepends on how many entitlements were used correctly on the application and whether we’ve had to apply

any reductions or penalties. There is more information about how we calculated each part of your claim in the tables below.

Penalty calculations for BPS 2016 onwards

From 2016 onwards, we will calculate penalties for over-declarations on land slightly differently for BPS and Young Farmer Payment. If the over-claim is either more than 3% of the area determined or 2 hectares, we will apply a penalty, which will be 1.5 times the size of the over-claim (the ‘standard rate’). (The standard penalty for over-claiming won’t be more than 100% of the amount you claimed.

We will reduce this penalty by 50% if both of the following apply:

• it is the first time you have received a penalty under this new rule (starting from claim year 2016)• the difference between the area claimed by you and the area determined by us is not more than 10% of the area determined.

This means we will apply a rate of 0.75 times the size of the over-claim (the ‘reduced rate’), and not the ‘standard rate’.

However, if there is another over-declaration in 2017 or in any consecutive year, this will always be applied at the standard rate and, if your first over-declaration penalty was at the reduced rate, then this will be recalculated at the standard rate with the additional reduction taken from your payment.

These are new rules about over declaration penalties which can be found in the ‘Payments, Reductions and Penalties’ section of the BPS 2016 scheme rules. If you have either of these penalties, read page 107 to find out more.

All other reductions and penalties are as explained in the BPS 2016 scheme rules.

The exchange rate

All calculations in this statement are shown in Euros and then converted into Sterling at the final stage of the claim calculation if you have asked to be paid in Sterling (£). The exchange rate from Euro (€) to Sterling for BPS 2016 is €1 = £0.85228.

SBI: 106534453 Page 2 of 6

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Financial Discipline Mechanism (FDM)

Page 101 of the BPS 2016 scheme rules explains about the ‘Financial Discipline Mechanism’ and how it will reduce a BPS 2016 claim, including the greening and young farmer parts of your payment. Financial discipline (FDM) doesn’t apply to the first €2,000 of a claim. If a claim is €2,000 or less, it won't be reduced for FDM.

The rate of financial discipline for BPS 2016 is 1.353905%.

You may get a refund during 2017 of some or all of the money deducted for FDM from your BPS 2015 payment, if it’s not required. The FDM reimbursement payment will be paid even if you didn’t claim in 2015 or previous years. Reimbursements haven’t been included on the claim statement or with your BPS payment. We’ll tell you about any reimbursement separately.

For more information about calculating your payment, penalties and reductions, read the revised ‘Payments, reduction and penalties’ section of the BPS 2016 scheme rules, which you can find at www.gov. uk/rpa/bps2016

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SBI: 106534453 Page 3 of 6

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Your BPS claimThe table below shows how we’ve calculated the value of the entitlement part of your claim. This is based on the entitlements you will be paid on and it may be different to the number of entitlements you own. If the scheme rules aren’t followed, these values will be reduced. The amount of the reduction will depend on the extent to which the rules have not been followed.

When working out the value of a BPS claim, we calculate a farmer’s ‘average entitlement value’. We use this figure when calculating the claim value and applying reductions and penalties.

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(or %)Rate (€)

, \ ^ V ‘

Reductions1 Penalties

(€)

Total(€)

Non SDA 58.02 175.27 10,169.17SDA 4.70 174.01 817.85Total 62.72 10,987.02

Average entitlement value 175.18

Gross value 62.72 175.18 10,987.29

Reductions (%)Financial Discipline Mechanism 1.353905% 129.99 10,857.30

Total main BPS claim value 10,857.30

Your greening paymentThe table below shows how we’ve calculated the value of the greening part of your claim. It is worth a maximum of 30% of the total BPS claim value. If the greening rules are not followed, the greening part will be reduced. The amount of the reduction will depend on the extent to which the rules have not been followed.

Number (or %)

Greening rate (€)

Reductions/Penalties

(€)

Tote.(€)

Non SDA 58.02 77.71 4,508.73

SDA 4.70 77.15 362.61Total 62.72 4,871.34

Average greening rate: 77.67

Gross value 62.72 77.67 4,871.46

Reductions (%)Financial Discipline Mechanism 1.353905% 57.64 4,813.82

Total greening value 4,813.82

SBI: 106534453 Page 4 of 6

More informationFor more information about calculating your payment, penalties and reductions, read the ‘Payments, reduction and penalties’ section of the BPS 2016 Scheme rules which you can find at www.gov.uk/rpa/bps2016

If you have any queries about values in this Claim Statement, you should first check Rural Payments and how BPS is worked out guidance. If you still disagree, you should write or email us to explain why. Please use ‘BPS 2016 payment’ as the heading and remember to give the Single Business Identifier (SBI) and business name.

Email: ruralpayments@defra.gsi.gov.ukWebsite: www.gov.uk/rpa

Address: Rural Payments AgencyPO Box 352Worksop ('S80 9FG

Phone: 03000 200 301

Follow us on Twitter ©Ruralpay

To receive this statement in large print or another alternative format, contact RPA.

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SBI: 106534453 Page 6 of 6