Agenda and minutes

Commons and Rights of Way Committee - Thursday 10 December 2015 10.00 am

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

Contact: Jane Cleaver 

Items
No. Item

28.

Minutes pdf icon PDF 90 KB

 

To approve as a correct record the Minutes of the meeting held on 29 September 2015.

Minutes:

 

Resolved

 

That the minutes of the meeting held on 29 September 2015 be approved as a correct record, subject to the inclusion of Dr Cordwell in the list of those giving apologies, rather than in the list of those present.

29.

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 3 December 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, where notice of such has been given to the Chief Executive (or their representative) by 9.30am on 10 December 2015..

 

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 the public on the applications before the Committee.

30.

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 3 December 2015.

 

Minutes:

 

No questions were received from Members on the applications before the Committee.

31.

Additional Bridleway and Upgrade Footpath ZCK/6 (part) to Bridleway, Greenway Lane to Ryeworth Road, Charlton Kings pdf icon PDF 218 KB

 

To consider the following application:

 

Nature of Application:       Additional bridleway and upgrade public footpath ZCK/6 (part) to bridleway

Parish:           Charlton Kings

Name of Applicant:            Jenny Hughes 

Date of Application:           25 June 2012

 

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 paths taken before 2011 and aerial photographs showing the claimed way. 

 

The following points were made in response to the Committee’s questions:

 

·         The statement by the landowner (in report paragraph 10.3.4) that “there has however always been a gate marking the delineation of the boundary at point A” was contradicted by the Google Street View photographs taken in June 2009, August 2010 and April 2011 which did not show either a gate or a fence at point A.  The erection of the fences in 2011 was deemed to be the date of challenge.

 

·         No evidence had been found ‘on the ground’ in 2009 of the remains of the fence which the Land-owner suggested was repeatedly vandalised. The Google Street View photographs that formed part of the report did not show the remains of any fence at point A.

 

·         Although the applicant had clearly organised the collection of evidence of use forms, there was sufficient variation between the forms to suggest that the forms had been completed by individuals.

 

·         Information on the evidence of use forms indicated that the horse riders came from a number of  livery stables and went for rides as individuals as opposed to organised pony trekking group activity from one stable.

 

Having considered all the information before it, the Committee

 

Resolved

 

1.            That a length of bridleway be added to the Definitive Map and Statement between points A and C on the attached map B;

 

2.            That the section C to D of public footpath ZCK/6 be upgraded to public bridleway, as shown on the attached map B

 

3.         That a section of public bridleway be added to the Definitive Map and Statement between points A and C to follow the line as shown on the aerial photographs. 

 

32.

Additional Footpath - Hills Farm track to Horse's Ash Lane, Chedworth pdf icon PDF 194 KB

 

To consider the following application:

 

Nature of Application:         Additional length of public footpath

Parish:                                   Chedworth

Name of Applicants:                        Chedworth Parish Council 

Date of Application:             1 December 2006

 

Additional documents:

Minutes:

 

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 route under consideration.

 

The Committee noted that the application was for a length of public footpath at Hills Farm, Chedworth to be added to the Definitive Map.  The application from Chedworth Parish Council had been prompted by the erection by the landowner in 2006 of notices informing the public that access was by permission of the landowner only.

 

However, although the application was for the addition of a length of public footpath, there was sufficient information within the user evidence forms of use by bicycle or horseback as well as on foot, to warrant the classification of this route as a restricted byway i.e. public right of way for non-mechanically propelled vehicles.  It was confirmed that this classification would still allow private access by motor vehicles for visitors to Hills Farm.

 

Having considered all the information before it, the Committee

 

Resolved

 

(a)          That no order be made to add a public footpath;

 

(b)          That an order be made to add a length of restricted byway to the Definitive  Map of Public Rights of Way and Statement between points A and B, and

 

(c)          That an order be made to re-classify part of Public Footpath KCH50 between points B and D to restricted byway.

     

 

33.

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 10 am on 3 December 2015

 

To answer any oral question(s) put by members of the public, subject to the question having been registered by 9.30am on 10 December.

 

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 had been received from members of the public.

 

34.

Members' Questions -

 

To answer any written members’ questions. The closing date/time for the receipt of questions is 10 am on 3 December 2015.

 

Minutes:

 

No questions had been received from Members.