Agenda and minutes

Commons and Rights of Way Committee
Monday 2 February 2015 10.00 am

Venue: Council Chamber - Shire Hall, Gloucester. View directions

Contact: Jane Cleaver 

Items
No. Item

1.

Minutes - pdf icon PDF 86 KB

To approve as a correct record the Minutes of the meeting held on 15 December 2014.

Minutes:

 

Resolved

 

That the minutes of the meeting held on 15 December 2014 be approved as a correct record.

2.

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 26 January 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.

 

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 questions were received from members of the public.

3.

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 26 January 2015.

 

Minutes:

No questions were received from councillors.

4.

Application for the registration of land known as Debenhams (Bon Marche) Sports Field, Gloucester pdf icon PDF 213 KB

 

To consider the following application:

 

An application to register land known as “Debenhams (Bon Marche) Sports Field, Land to the North of Estcourt Road, Gloucester as a new town or village green.

 

Additional documents:

Minutes:

 

Carrie Denness, Principal Lawyer, introduced the report on the application for the registration of an area of land known as ‘Debenhams (Bon Marche) sports Field’, to the north of Estcourt Road, Gloucester, as a town or village green.

 

During her detailed introduction Ms Denness highlighted the various legal tests which needed to be met for an application to be permissible.  The Committee’s attention was drawn in particular to the need for all of the tests to be met before an application could succeed.  Reference was also made to an e-mail received from the applicant suggesting that the Inspector had not considered all the facts of the case.  Ms Denness assured the Committee that full consideration had been given to all aspects of the application.

 

The findings of the Inspector following the non-statutory public inquiry held on 13 to 15 October 2014 were noted as

 

·         The application failed on the legal test of neighbourhood since insufficient evidence was given to show that the area could be identified as distinct within the claimed locality.

 

·         The evidence of the use of the land for sports and recreational purposes had been found to be insufficient as the majority of the use had been as a thoroughfare or akin to public rights of way usage.

 

In response to Members’ question Ms Denness confirmed that the land had previously been used as a sports field by staff from the Bon Marche (Debenhams) Department store.  This use had ceased and the land was now vacant.

 

Having considered all the information before it the Committee

 

Resolved

 

That the Application dated 3 April 2013 made by John Bond on behalf of Friends of Debenhams Sports Field’ (“the Applicant”) for the registration of an area of land known as Debenhams (Bon Marche) Sports Field, land to the north of Estcourt Road, Gloucester (as shown edged red on the plan attached to the Application Appendix 1 – Map ‘B’) as a town or village green pursuant to section 15 of the Commons Act 2006 be REFUSED for the reasons set out in the Inspector’s report attached at item 4, Appendix 2 to the agenda.

5.

APPLICATION FOR A MODIFICATION ORDER FOR THE UPGRADE OF FOOTPATHS TO BRIDLEWAYS AND ADDITION OF NEW BRIDLEWAYS pdf icon PDF 283 KB

 

To consider the following application:

 

Nature of Application: Upgrade footpaths to bridleways and add new bridleways

Parish: Gorsley and Kilcot / Newent

Name of Applicant: Gorsley and Kilcot Parish Council

Date of Application: 26th September 2005

Additional documents:

Minutes:

 

Prior to the commencement of this item Cllr McMahon informed the Committee that he was a member of the Ramblers Association.  As this interest was confirmed as non-prejudicial, Cllr McMahon remained at the meeting a member of the Committee.

 

The Committee’s attention was drawn to the late information tabled on the day and it was agreed that a short adjournment (20 minutes) should be taken to allow all to read and consider the additional paperwork.

 

Sarah MacDonald, Asset Data Officer (PROW Definitive Map) gave a detailed presentation to the Committee, aided by a video film of the paths under consideration. 

 

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

 

·         Use made at the current time was of lesser importance since consideration of the application related to the date on which this had been made.

 

·         Conflicting evidence had been presented with the landowner stating notices banning use by horses etc had been erected against witnesses for the application maintaining that use had been made for the required time without challenge.

 

·         The Committee was required to make a decision on the balance of probabilities.

 

Having considered all the information before it, the Committee

 

Resolved

 

That a Modification Order be made to upgrade public footpaths GGK 30, GGK 41, GGK 42 (part), GNE 142 (part) and GNE 135 to bridleways and to add bridleways between GGK 30 and GGK 41, GGK 41 and GGK 42, and GNE 142 and GNE 135.

6.

Public Questions -

 

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 26 January 2015.

 

To answer any oral question(s) put by members of the public.

 

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 questions were received.

7.

Members' Questions -

 

To answer any written members’ questions. The closing date/time for the receipt of questions is 26 January 2015.

Minutes:

No questions were received.