Agenda and minutes

Commons and Rights of Way Committee
Wednesday 20 July 2016 2.00 pm

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

Contact: Joanne Bolton - 01452 324197 

Items
No. Item

25.

Minutes - pdf icon PDF 79 KB

To approve as a correct record the Minutes of the meeting held on 9 June 2016.

Minutes:

Resolved

 

That the minutes of the previous meeting of 9 June 2016 be approved as a correct record.

26.

Election of Vice-Chairman

To elect a Vice-Chairman for the civic year.

Minutes:

Resolved

 

Cllr Paul McMahon was duly elected as the Vice-Chairman for the remainder of the civic year.

27.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

28.

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 2 pm on 13 July 2016.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

 

With the consent of the Chairman, to answer any oral question(s) on the application(s) before the Committee at this meeting put by members of the public, where such notice has been given by the Chief Executive (or their representative) by 1.30 pm on 20 July 2016.

 

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 from members of the public on the applications before the Committee had been received.

29.

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 2 pm on 13 July 2016. 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.

30.

Application for the registration of land known as "The Leys", Berkeley, Gloucestershire as a town or village green under Section 15(2) of The Commons Act 2006 pdf icon PDF 132 KB

Additional documents:

Minutes:

30.1    Janet Smith, Senior Legal Adviser, presented the report on the application to register land known as ‘The Leys’, Berkeley, Gloucestershire, as a town or village green under Section 15 (2) of The Commons Act 2006.  (For information – A copy of the slides is included in the minute book and has been uploaded onto the Council’s website).

 

30.2    During a detailed introduction the Senior Legal Adviser highlighted that the application before the Committee primarily failed to satisfy the requirement that a significant number of the inhabitants of the civil parish of Berkeley had made qualifying use of the application land for a period of at least 20 years. The Inspector did not see or hear evidence that was considered sufficient for her to conclude that there had been consistent and regular use of the Application Land for lawful sports and pastimes throughout the whole of the application period. 

 

30.3    The Committee noted the findings of the Inspector following the non-statutory inquiry which took place 23 -25 February 2016, and which resumed for an accompanied site visit and closing submissions on the 1 March 2016.

 

30.4    Reference was made to the trigger event affecting the application land.  The Senior Legal Adviser explained that the solicitors acting for the landowner were of the view that the application should be regarded as defective due to the trigger event.  She clarified however that whilst the Inspector agreed that the 1991 planning permission resulted in the ‘trigger event’ (preventing the application from being considered unless there was a corresponding terminating event), the Inspector’s view was that it did not affect the whole of the land, with the ‘trigger’ only relating to a small parcel of land within Field 1.  Therefore the right to apply to have the application land registered as a town or village green would only have been excluded in relation to the land to which the planning application related. 

 

30.5    Having considered the information before it including the Inspector’s Recommendation, the Committee

 

            Resolved

 

            That the Application dated 14 January 2014 made by Mr Charles Berkeley (‘The Applicant’) for the registration of an area of land known as ‘The Leys’, Berkeley, Gloucestershire (as shown edged red on the plan marked as Plan A attached to the Application at Appendix 1) as town or village green pursuant to section 15(2) or 15(3) of the Commons Act 2006 be REJECTED for the reasons set out in the Inspector’s report dated  9 June 2016 attached at Appendix 2 of the report.

31.

Application for a Definitive Map Modification Order for an additional length of public footpath from Castle Mead to Castle Street, Parish of King's Stanley. pdf icon PDF 321 KB

Additional documents:

Minutes:

31.1    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 claimed route under consideration.  (For information – A copy of the presentation slides has been uploaded to the Council’s website, and a copy is included in the signed minute book).

 

31.2    The Committee noted that interest in the status of the claimed route was raised following the submission of a planning application from Mr Grindrod owner of 20 Castle Mead to demolish the existing bungalow and erect four dwelling houses on the land.  On the plan accompanying the application the footpath was shown as a ‘permissive access route’ and being under the ownership of Mr Grindrod.  Local residents who did not support the application questioned the ownership of the path and consequently collected evidence and made an application to safeguard the status of the claimed route.

 

31.3    The Asset Data Officer explained that whilst there was no overt act that could be considered to have brought the right of the public to use the way into question, Section 69 of the 2006 Natural Environment and Rural Communities (NERC) Act clarified that an application for a definitive map modification order was sufficient to bring a right of way into question under Section 53 of the Wildlife & Countryside Act 1981. An application for a definitive map modification order was made on 31 October 2014, therefore the qualifying period of use was taken to be 1994 to 2014.

 

31.4    The Committee noted that that the claimed route provided a safer route for pedestrians between Castle Mead and the local facilities in Castle Street.  The Asset Data Officer emphasised that it was clear from the submitted user forms that there had been extensive use of the claimed way by walkers in a manner that was supportive of a claim to record the way as a public footpath.

 

31.5    In response to a question, the Asset Data Officer explained that the landowner had supplied a photograph of a sign that he had uncovered when clearing land behind his property that he bought from Stroud District Council in 1989.  The sign was barley legible; however according to the landowner the sign included the words ‘…The use of this footpath shall not lead to its dedication as a highway..’  The Asset Data Officer explained that the sign would only be effective in preventing dedication whilst it was in place and was clearly visible to path users.  He added that the sign had been removed by 1989, and therefore was not in place during the qualifying period of 1994 to 2014.

 

31.6    In response to a question, the Asset Data Officer clarified that if the signage had been in place over the qualifying period and was clear and legible, thus the lack of intention to dedicate was made overt to path users, then the signage would have defeated a claim for a footpath.

 

31.7    A member made reference to the  ...  view the full minutes text for item 31.

32.

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 2 pm on 13 July 2016.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

 

To answer any oral question(s) put by members of the public, subject to any question having been registered  by 1.30 pm on 20 July 2016.

 

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.

33.

Members' Questions -

To answer any written members’ questions. The closing date/time for the receipt of questions is 2 pm on 13 July 2016.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

No questions had been received from members.