Agenda and minutes

Commons and Rights of Way Committee
Friday 5 October 2018 10.00 am

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

Contact: Joanne Bolton - 01452 324197 

Items
No. Item

27.

Minutes pdf icon PDF 176 KB

To approve as a correct record the Minutes of the meeting held on 22 June 2018.

Minutes:

Resolved

That the minutes of the previous meeting held on 22 June 2018 be approved and signed as a correct record.

 

28.

Declarations of Interest

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

Minutes:

No declarations of interests were made.

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 Friday 28 September 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 Chair considered 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 12:00noon on 4 October 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.

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 Friday 28 September 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.

31.

Application for a Definitive Map Modification Order for an additional length of public footpath, Debenhams Sports Field, Gloucester City pdf icon PDF 421 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 is included in the minute book and has been uploaded to the Council’s website).

 

31.2    The Asset Data Officer informed the Committee of the following corrections and clarifications to the report:

Ø  Map 1B: The two gaps in the hedge shown on the initial application map and on map 1B as point A and B did not accurately portray the position of the gaps. The Committee was shown the correct location of the gaps on the presentation screen.

Ø  Paragraph 15.35 and 15.36: Repetition of the phrase ‘the issue of compatibility is a question of fact in each case’.

Ø  Paragraph 9.9: The last sentence should read ‘.…Inspector Rowena Meager, the chair of the Public Inquiry….”

 

31.3      The Committee was informed that an application was received on 23 November 2015, made by John Bond, the applicant, on behalf of the residents group known as ‘Friends of the land known as Debenhams Sports Field’ for an additional length of footpath to be added to the Definitive Map.  The Committee noted the route of the circular claimed path as outlined on Map 1B to the report. 

 

31.4      The Asset Data Officer informed the Committee that the claimed path ran over land known as Debenhams Field (formerly Bon Marche Sports Field).  He explained that Debenhams Sports Field was the subject of an application for a new town or village green under section 15(2) of the Commons Act 2006.  The application was made by John Bond in April 2013.  A non-statutory public inquiry took place between 13 and 15 October 2014, and the application was formally refused by the Committee on 2 February 2015, following the recommendation made by the non-statutory hearing. 

 

31.5      The Committee noted that there was no documentary evidence showing the claimed route as a physical feature.  Therefore, the application was being considered solely on user evidence.  It was reported that a total of 28 public path evidence forms, competed by 28 named individuals, were submitted in support of the application.  Use was on foot, and two witnesses also claimed use by bicycle.

 

31.6      The Asset Data Officer explained that many of those who had completed public path evidence forms in respect of the application for an additional public footpath, had completed evidence forms for the town or village green application, and had given evidence at the public inquiry. As the evidence had been tested at the public inquiry, under cross examination, then it could be afforded greater weight.  This enabled an informed decision to be made on whether the evidence was credible and supportive of a claim for an additional public footpath to be added to the Definitive Map.

 

31.7      The Asset Data Officer emphasised the point that during cross examination at the inquiry,  it was established that many of  ...  view the full minutes text for item 31.

32.

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 Friday 28 September 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 questions(s) about the matters, which are within the powers and duties of the Committee, which the Chair  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 4 October 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.

33.

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 Friday 28 September 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.