Agenda and minutes

Commons and Rights of Way Committee
Thursday 29 March 2018 10.00 am

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

Contact: Joanne Bolton - 01452 324197 

Items
No. Item

11.

Minutes - pdf icon PDF 181 KB

To approve as a correct record the Minutes of the meeting held on 30 January 2018.

Minutes:

Resolved

 

That the minutes of the previous meeting held on 30 January 2018 be approved as a correct record.

12.

Declarations of Interest

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

Minutes:

12.1    No declarations of interests were made.

 

12.2    At this juncture Cllr Simon Wheeler informed the Committee that whilst he was not declaring an interest, he wanted to point out that he was the Cheltenham Borough Councillor for Hesters Way.  He was therefore aware of the history regarding the applications.

13.

Public Questions on Application(s)

To answer any written or public questions on the application(s) before the Committee at this meeting.  The closing date /time for the receipt of questions is 10 am on 22 March 2018.  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 Chairman considers 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 12:00 noon on 28 March 2018.

 

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 the Committee at this meeting. The closing date/time for the receipt of questions is 10am on 22 March 2018.  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.

3 Definitive Map Modification Order Applications - To add 3 additional lengths of Public Footpath on land adjacent to Henley Road, Springbank, Cheltenham pdf icon PDF 411 KB

Additional documents:

Minutes:

15.1    Jaci Harris, Asset Data Officer (PROW Definitive Map), gave a detailed presentation of the report 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).

 

15.2    The Committee was informed that the applications were received on 23 November 2016 (two) and 20 December 2016, made by Mr A Kingsbury (‘the Claimant’), for three additional lengths of public footpath to be added to the Definitive Map.

 

15.3    The Committee noted the three routes of the claimed paths (Routh A, Route B (split into B1 and B2), and Route C) across the land adjacent to Henley Road, Springbank, Cheltenham, as outlined on the Order Plan attached at Appendix GCC3 to the report. 

 

15.4    The Committee noted that Severn Trent or its subsidiary Midlands Land Portfolio Ltd owned the land over which the paths crossed.    The current tenant, Mr R Pullen, had had the tenancy since 1969.  The land was currently agricultural and located within the green belt.  The Committee was informed that there was a proposal as part of the Cheltenham, Gloucester and Tewkesbury Joint Core Strategy to remove the Green Belt status, to make way for an urban extension of residential and commercial development.

 

15.5    The Asset Data Officer explained that there was no documentary evidence in existence to indicate that the claimed routes were ever dedicated as public highways. As a result, the applications had to be determined upon the evidence of long user under Section 31 of the Highways Act 1980, or at common law.

 

15.6    The Committee noted that 35 public path evidence forms, completed by 30 named individuals, were submitted in support of the application.  The Asset Data Officer presented a detailed summary of the user evidence.   She explained there was a significant number of user evidence forms which suggested repetition or were considered to be lacking in quality.  There was also evidence of repetition on the map users were asked to mark down the routes.  Members were informed that this lessened their overall evidential weight.

 

15.7    The Asset Data Officer explained that when considering the application under Section 31 of the Highways Act 1980,  there were three possible dates of when the public right to use the path was challenged/brought into question and from which the 20 year qualifying period could be determined.  

 

15.8    The first date was 2016 based upon the landowner’s solicitor’s consideration that the date of the application was the date of the challenge.    The Asset Data Officer explained that she had determined the digging of the ditch in 2001, and the erection of the substantial metal fence by 2005, by the landowner/tenant around the same time or after the farming of the fields was changed from pasture to arable (2001/2002), to be actions aimed at preventing all public access, as stated in the solicitor’s submission, rather than stock control.  ...  view the full minutes text for item 15.

16.

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 22 March 2018.  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) about the matters, which are within the powers and duties of the Committee, which the Chairman 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 28 March 2018.

 

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.

17.

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 22 March 2018.  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.