Agenda and minutes

Commons and Rights of Way Committee
Tuesday 11 December 2018 10.00 am

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

Contact: Joanne Bolton - 01452 324197 

Items
No. Item

34.

Minutes pdf icon PDF 88 KB

To approve as a correct record the Minutes of the meeting held on 5 October 2018.

Minutes:

Resolved

 

That the minutes of the previous meeting held on 5 October 2018 be

approved and signed as a correct record.

35.

Declarations of Interest

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

Minutes:

          No declarations of interests were made.

 

36.

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 Tuesday 4 December 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 Monday 10 December 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.

37.

Members Questions on Application(s)

To answer any written members’ questions on the application(s) before the Committee at the meeting. The closing date/time for the receipt of questions is 10am on Tuesday 4 December 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.

38.

Application for a Modification Order to add a Public Bridleway - Parish of Southam pdf icon PDF 476 KB

Additional documents:

Minutes:

38.1    Jaci Harris, Asset Data Officer, gave a detailed presentation to the Committee aided by a power-point presentation, which included photographs and maps of the two 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).

 

38.2    The Asset Data Officer informed the Committee of the background to the application. She explained that on 9 March 2017, the Footpath Secretary to the Cleeve Group of the Ramblers Association had contacted Gloucestershire County Council to ask that an apparent anomaly found on the legal record, affecting the first 133 metres of the Public Bridleway ASM25, be addressed. 

 

38.3    The Asset Data Officer explained that she had carried out a detailed investigation and had come to the conclusion that the alleged anomaly was the result of a drafting error on the Definitive Map.  All but the first 133m (approx.) of Public Bridleway ASM25 was shown on the Definitive Map co-existent with Bentley Lane, the first 133m however, was shown in the field abutting the lane. 

 

38.4    The Asset Data Officer explained that Mr and Mrs O’Connor, the owners of the property located on Bentley Lane known as ‘Bentleys’ had stated to the Case Officer that they had received verbal confirmation from the Public Rights of Way (PROW) Officer for Tewkesbury District, that the Definitive Map showed the first part of Public Bridleway ASM25 in the adjacent field and not along Bentley Lane and the highway authority would therefore not maintain it.  The Committee was informed that there was no written record of the conversation and the PROW Officer no longer worked for the authority.  The Asset Data Officer stressed to members that whilst the information given by the PROW Officer was technically correct, it was only technically correct due to an anomaly.  Section 56 of the 1981 Wildlife and Countryside Act stated that the Definitive Map was legally conclusive as to what it showed without prejudice to the existence of other rights.

 

38.5    The Asset Data Officer explained that the property owners had claimed that as a result of the conversation with the PROW Officer, they had undertaken a number of improvements works, including the installation of electric gates across the lane, which had effectively prevented all public access.  She emphasised to members that the property owners had taken a risk by carrying out the improvement works and installing the gates, as the land was un-registered.

 

38.6    The Committee was informed that the Case Officer had discussed the anomaly with the owners of the property, and had made them aware of the substantial historical documentary evidence, which officers considered, on the balance of probability was sufficient to provide evidence of public highway rights along the whole of Bentley Lane. The Case Officer had discussed with the property owners, the option of the repositioning of the driveway gates. The Case Officer had suggested to the property owners that a Diversion Order under the provision of Section  ...  view the full minutes text for item 38.

39.

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 Tuesday 4 December 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 Monday 10 December 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.

40.

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 Tuesday 4 December 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.