Agenda and minutes

Commons and Rights of Way Committee - Friday 4 October 2019 10.00 am

Venue: Cabinet Suite - Shire Hall, Gloucester. View directions

Items
No. Item

11.

Minutes - pdf icon PDF 90 KB

To approve as a correct record the Minutes of the meeting held on 21 June 2019.

Minutes:

Resolved

 

That the minutes of the previous meeting held on 21 June 2019 be approved and signed as a correct record.

 

12.

Declarations of Interest

Please see note (b) at the end of the agenda.

Minutes:

No declarations of interests were made.

13.

Public Questions on Application(s)

To answer any written or public questions about the application(s) before the Committee at this meeting.  The closing date /time for the receipt of questions

is 10 am on Friday 27 September 2019.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

 

To answer any urgent question(s) on the application(s) before the Committee, which the Chair considered could not have been reasonably submitted by the deadline for the receipt of written questions, where notice of such has been given to the Chief Executive marked for the attention of Joanne Bolton by 12:00noon on 3 October 2019.

 

Depending on the nature of the urgent questions asked it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

Minutes:

No public questions had been received on the applications before the Committee.

14.

Members Questions on Application(s)

To answer any written members’ questions on the application(s) before Committee at the meeting. The closing date/time for the receipt of questions is 10am on Friday 27 September 2019.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

No questions from members on the applications before the Committee had been received.

15.

Application for a Modification Order to add a length of public footpath connecting Mount Pleasant and Van der Breen Street, Bisley, Gloucestershire pdf icon PDF 445 KB

Additional documents:

Minutes:

15.1     Jaci Harris, Asset Data Officer (PROW Definitive Map), gave a detailed presentation to the Committee aided by a power-point presentation, which included photographs of the claimed route under consideration. (For information – A copy of the presentation slides is included in the minute book and has been uploaded to the Council’s website.)

 

15.2    The Committee was informed that a Definitive Map Modification Order (DMMO) was made by Bisley Parish Council on 20 May 2018, for a path which ran for a length of 68m across unregistered land connecting Mount Pleasant and Van der Breen Street.  The Committee noted the route of the claimed path marked A-B on the plan attached at Appendix JH2 to the report.

 

15.3    The Asset Data Officer described the character of the path and informed members that it provided pedestrians with an almost direct connection across Mount Pleasant to Public Footpath MBL170 and onto George Street and the main village.  In the other direction it provided a direct connection from the village to Mount Pleasant to King George V playing field along Van Der Breen Street. 

 

15.4    The Asset Data Officer informed the Committee of the documentary evidence which existed in regards to the claimed path.  She explained that the Tithe Map of 1842 and the Finance Act Map 1910, portrayed the path consistently as an established through-route in a manner similar to the existing highway network of the time (i.e. similar colouring, being unnumbered and excluded from adjacent fields and hereditaments).  An alternative explanation of its inclusion on the documents could be that the path existed merely for private access to a few properties by the householders; however, there was no evidence to support this. 

 

15.5    It was reported that five other routes within walking distance of the claimed path, similarly shown on the Finance Act map as uncoloured and unnumbered were considered.  Unlike the claimed path, those 5 routes all terminated at fields and yet were all today designated highways.  The Asset Data Officer explained that it was not unreasonable to infer therefore that an open path connecting two highways would more likely be available to the public at large as opposed to restricted to the three households abutting the path.  She emphasised that the Tithe Map of 1842 and the Finance Act Map 1910 were executed under legal provision, and were in the public domain and thus enjoyed a high evidential weight.

 

15.6    The Committee was informed that Bisley and Lypiatt Parish Council considered the path to carry highway rights and claimed it as a public footpath during the 1950s National Parks & Access to the Countryside Act 1949 (“NPACA49”) process of officially recording the public rights of way network.  No objections were found with regard to its inclusion on the legal record, and documents found during the course of the investigation indicated that the omitted path was to be added during the review of the whole legal record of public rights of way; however, this did not take place because  ...  view the full minutes text for item 15.

16.

Application for a Modification Order for a length of public bridleway and additional spur at the Knoll, Cranham, Gloucestershire pdf icon PDF 333 KB

Additional documents:

Minutes:

16.1    Jaci Harris, Asset Data Officer (PROW Definitive Map), gave a detailed presentation to the Committee aided by a power-point presentation, which included photographs of the claimed routes under consideration. (For information – A copy of the presentation slides is included in the minute book and has been uploaded to the Council’s website.)

 

16.2    The Asset Data Officer made the Committee aware of the following corrections to her report:- Paragraph 11.20 – should read 9.13 not 9.15; paragraph 11.26 – should read 11.21 not 11.22; paragraph 11.30 – should read 9.20 & 21 not 9.22 & 23.

 

16.3      The Committee was informed that a Definitive Map Modification Order (DMMO) was made by Mrs Hayden, Cranham Common Management Committee, on 22 June 2018, for a path which had an overall length of approximately 207 metres (‘main path’), and an additional spur path (‘spur path’) which had an overall length of 29 metres. The claimed paths connected the junction of 3/193 and the 41149 highways, abutting the property, Hillfield, with Cranham Wood and Cranham Common.  The Committee noted the route of the claimed paths on the plan marked A-F the ‘main path’ and B-G the ‘spur path’, attached at Appendix JH3 to the report.

 

16.4       The Asset Data Officer described the character of the paths and informed members that the claimed paths crossed land abutting Cranham Wood and Common, designated under the Commons Registration Act 1965 and thus by virtue of Section 2 Countryside and Rights of Way Act 2000 (“CROW Act”), granted the public a right of access on foot to land mapped as registered common land for the purpose of enjoying ‘open air recreation’.

 

16.5       The land was separately subject to a revocable Deed of Grant executed under Section 193 Law of Property Act 1925 (“deed”) dated 15 November 1929 which granted the public a right of access for ‘air and exercise’ and as such was designated as Section 15 land under the CROW Act (land which benefitted from rights of access under an alternative legislation provision).  She explained that this Deed was subject to an ‘Order of the Minister of Agriculture and Fisheries Imposing Limitations on and Conditions as to the Exercise of Rights of Access to a Common or Manorial Waste under Section 193 of the Law of Property Act 1925’ dated 12 November 1930. 

 

16.6      This deed included sections of the claimed paths.  Any such use would operate as a conditional permission to use the land and as such prevent presumed dedication under Section 31 of the Highways Act 1980.  However, use of the claimed paths for reasons other than for ‘air and exercise’ could succeed.  The Asset Data Officer explained that In case law; Billson 1998, Sullivan J accepted “if a track across a common is not used for the purpose of air and exercise but is being used by the public for some other purpose; as a route between points A and B for example, from the village across a common to a nearby  ...  view the full minutes text for item 16.

17.

Public Questions - About the matters which are within the powers and duties of the Committee

To answer any written or public questions about the matters, which are within the powers and duties of the Committee.  The closing date /time for the receipt of questions is 10am on Friday 27 September 2019.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

 

To answer any urgent questions(s) about the matters, which are within the powers and duties of the Committee, which the Chair considers could not have been reasonably submitted by the deadline for the receipt of written questions, subject to any question being registered by 12:00 noon on 3 October 2019.

 

Depending on the nature of the urgent questions asked it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

Minutes:

No public questions had been received on matters which were within the powers and duties of the Committee.

18.

Members' Questions - About the matters which are within the powers and duties of the Committee

To answer any written members’ questions about the matters which are within the powers and duties of the Committee. The closing date/time for the receipt of questions is 10am on Friday 27 September 2019.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

 

 

Minutes:

No written questions from members had been received on matters which were within the powers and duties of the Committee.