Agenda and minutes

Commons and Rights of Way Committee
Tuesday 29 September 2015 10.00 am

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

Contact: Jane Cleaver 

Items
No. Item

19.

Election of Chairman

 

To elect a Chairman for the civic year.

Minutes:

 

Resolved

 

That Cllr Nigel Moor be elected Chairman for the remainder of the civic year.

20.

Election of Vice-chairman

 

To elect a Vice-chairman for the civic year.

Minutes:

 

Resolved

 

That Cllr Paul McMahon be elected Vice-Chairman for the remainder of the civic year.

 

21.

Minutes pdf icon PDF 67 KB

 

To approve as a correct record the Minutes of the meeting held on 24 April 2015.

Minutes:

 

Resolved

 

That the minutes of the meeting held on 22 April be approved as a correct record.

22.

Public Questions on Application(s)

 

To answer any written 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 22 September 2015.

 

With the consent of the Chairperson, to answer any oral question(s) on the application(s) before the Committee at this meeting put by members of the public, provided that notice of such has been given to the Chief Executive (or his representative) by 9.30am on 29 September.

 

Depending on the nature of the oral 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 written questions had been received from members of the public on the applications before Committee.

 

The following oral questions were received with the Chairman’s agreement:

 

1.            Mr and Mrs Gardiner

 

My wife and I are the landowners of the footpath that is being consider by the Commons and Rights of Way Committee tomorrow, regarding an application to record its status as a bridleway. I am very concerned that I only became aware this over the weekend, from another local resident.

 

Please be advised that I will be attending the meeting and that I wish to ask the following verbal public questions. By providing these in advance, in writing, Members will hopefully be better forewarned and able to answer them:

 

Question 1 - Last year I advised Andrew Houlday that my wife and I are the current owners of the land affected by the application to upgrade footpath MBL 13 to a bridleway – and I specifically asked Mr Houlday to keep me advised of any developments related to the application. Why was I not advised  of the report and the meeting that is taking place today, to decide matters related to my land, after specifically requesting that Gloucestershire County Council should do so?

 

Question 2 – As a consequence of the Council failing to keep me updated as requested, I had no knowledge of this meeting and report until  thirty six hours ago. I have therefore had insufficient time to research some aspects in the report that I simply disagree with and would have wished to submit public questions to clarify – particularly related to information in the report that is conflicting and inconclusive. Please can these comments be recorded in the minutes as I believe I have been disadvantaged, by being deprived of sufficient time to research and prepare questions which could have better informed Members to decide the application?   

 

Question 3 -  I have always understood that the historical owners of the land gave permission for the footpath to be used by horse riders - and the report prepared for this committee also seems to indicate this more strongly than the route being used as of right. Even some of the user evidence submitted is more indicative of use by consent - such as the evidence of use submitted by Jo Workman: “Mrs Young (the late) said it could be ridden on horseback about 30 years ago”. As Mrs Young was the land owner, this statement appears more likely to be an acknowledgment of the owners permission for  horse riding, around 1980, than acknowledgment of use as of right.  The report also states that, following discussions with the landowner in 1997, it appeared to Officers that historical use of the footpath was permissive rather than as of right. Can Mr Houlday please explain how he has decided that riders were exercising use as of right, when there is reasonable evidence that they were exercising permissive rights?

 

Question 4 – The report states that the date when use  ...  view the full minutes text for item 22.

23.

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 22 September.

 

Minutes:

 

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

24.

Application for a Definitive Map Modification Order to Upgrade Public Footpaths MBL/11 (Part) MBL/13 to Bridleways Toadsmoor Road, Parish of Bisley with Lypiatt pdf icon PDF 194 KB

Additional documents:

Minutes:

 

Having noted the receipt of new issues relating to this application which officers had not yet had an opportunity to consider, the Committee

 

Resolved

 

That, in the light of the issues raised by the landowners, consideration of this application be deferred to a later date to allow further consultation with all interested parties to take place.

25.

Application for a Definitive Map Modification Order to Upgrade Public Footpath DLH/9 to a Bridleway May Hill, Parish of Longhope pdf icon PDF 204 KB

Additional documents:

Minutes:

Andrew Houldey, Asset Data Officer (PROW Definitive Map) gave a detailed presentation to the Committee, aided by a power-point presentation which included photographs of the footpaths under consideration. 

 

In response to questions from the Committee the following matters were noted:

 

·         As the footpaths traversed a SSSI, Natural England had been asked for comments on the application but, to date, had not responded.

 

·         A designation as restricted by-way did not allow access by mechanical vehicles.  Designation as a restricted by-way allowed access by all other members of the public on foot, horseback (or leading a horse), by bicycle or horse and cart.  However there may be private access rights such as allowing local residents access to their homes by motor-vehicle.

 

·         The footpaths were only shown on the map to the county boundary – on the ground the paths extended into Herefordshire.

 

Having given due consideration to all the information before it, the Committee

 

Resolved

 

1.            That an order be made to reclassify the section of footpath DLH/9 from Folly Lane to the summit of May Hill to a bridleway  (section A to E on map B).

 

2.            That an order be made to reclassify the section of footpath DLH/9 from the summit of May Hill north to the boundary with Aston Ingham parish to a restricted by-way  (section A to E on map B).

 

 

26.

Public Questions pdf icon PDF 72 KB

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 22 September 2015.

 

To answer any oral question(s) put by members of the public, provided that notice of such has been given to the Chief Executive (or his representative) by 9.30am on 29 September.

 

Depending on the nature of the oral 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:

 

A total of three written questions had been received.  A copy of the questions and answers had been published on the Council’s website and circulated to the Committee prior to the meeting.  The information was taken ‘as read’ at the meeting.

 

No supplementary or oral questions were asked at the meeting.

27.

Members' Questions

To answer any written members’ questions. The closing date/time for the receipt of questions is 10am on 22 September 2015.

Minutes:

 

No questions had been received from Councillors.