Garway Parish Council are close to finalising an agreement that would see the common and Garway Hill managed under new ownership. A claim by James de la Billiere that he is Lord of the Manor and owner of the land has thrown the council into a sometimes acrimonious public debate. Despite their claim of 'adverse possession', the council have agreed it would be foolish to contest the claim and commit public funds to a court case. The claimant has indicated that he wants the agreement signed by 26th October, otherwise the case will go to adjudication by the Land Tribunal. Council chairman Malcolm Howard said: "James de la Billiere made it absolutely abundantly clear to us at our first meeting with him that he wanted this to be a simple agreement, he did not want lawyers and negotiators sitting at the table complicating the issue. "The purpose of the agreement is to have a relatively informal understanding with James over those matters which are of particular concern to the parishioners while they was still an opportunity to negotiate. "Ultimately there is no requirement for James to enter into an agreement and he could withdraw from the process at any time should the matter become too onerous for him. "I will not accept the decision to put the community at financial risk." The proposals in the agreement would allow for the continued use and enjoyment of the common and the play area and the creation of a management group to facilitate the management of Garway Common and Broad Oak Common. The new owner would agree to the council continuing their existing general management and maintenance, financed at present by the parish precept and private donations. Any commercial venture would need the prior permission of the new owner if the agreement became acceptable with a percentage of the net proceeds divided between him and the council. Other points raised at Tuesday's meeting that the council will add to the agreement included: • The definition of a commercial event • Questions about the public use of the car park at the Garway Moon Inn which is on common land • The percentage of net proceeds from commercial events required by the owner, previously indicated to be in the region of 30 per cent • The owner should agree to be responsible for illegal trespass • Clarification that he will be prepared to maintain his ownership of the common and that his descendants should continue the ownership • To ask if he would sell or gift the play area to the council • To confirm his statement that he would not hunt on the common or the hill • To identify those owners who have not had access over the common to their properties over the last 20 years The agreement, with the additional proposals, will now be put before the claimant with the aim to have an agreed settlement by 26th October. The next meeting of the parish council will be on 20th October when they will know whether James de la Billiere has agreed to their extra requests. • A Garway Hill commoner has contacted the Beacon to say he is unhappy with the lack of consultation between them and the council. He claimed their first meeting happened on 4th August, two days after a discussion with James de la Billiere, a case of "telling rather than listening," he said.