Agenda and minutes

Commons and Rights of Way Committee
Thursday 30 March 2017 10.00 am

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

Contact: Joanne Bolton - 01452 324197 

Items
No. Item

1.

Minutes pdf icon PDF 74 KB

To approve as a correct record the Minutes of the meeting held on 20 July 2016.

Minutes:

Resolved

 

That the minutes of the previous meeting of 20 July 2016 be approved as a correct record.

 

2.

Declarations of Interest

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

Minutes:

No declarations of interests were made.

3.

Public Questions on Application(s) pdf icon PDF 7 KB

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 23 March 2017.  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 notice of such has been given by the Chief Executive (or their representative) by 9.30 am on 30 March 2017.

 

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:

3.1      The Committee noted that two written public questions on the application had been received. The responses to those questions had been published on the Council’s website, and circulated to the Committee in advance of the meeting.

 

3.2      The Committee noted the following oral questions from Cllr Shaun Parsons:

 

1.            For the sake of clarification is it agreed that the path in Bathurst Estate’s ownership between points G and F (shown on the map at Annex 1B to the report) extends only from point G as far as the so called footbridge over the R. Churn?  So called foot bridge because it is wide enough to take a farm vehicle though currently in such poor condition as to be unsafe, (he did clarify however that he had just been made aware that the footbridge no longer existed).

 

2.            Would the Committee agree that there is sufficient evidence to classify the clearly identified track from the highway to BSC 2 as a Public Footpath?

 

3.            Likewise would the Committee agree that there is sufficient evidence to classify the track from where it is joined by BSC 2 to the bridge between points G and F as a Public Footpath?

 

3.3      In response to Cllr Shaun Parson’s first question, Andrew Houldey, Asset Data Officer (PROW Definitive Map), referred to the map at Annex 1G to the report, which showed the boundaries between the ownership of the land in the year 2005.  The footbridge was on land owned by Bathurst Estate, and the land inside of the boundary line marked in red was owned by the County Council.

 

3.4      In response to questions 2 and 3, the Asset Data Officer explained that given the public path evidence forms were pre-populated to describe the position of the claimed paths and to refer to one standard plan, the witnesses were limited in their opportunity to show other paths they may have used.  Therefore, there was no direct evidence from the public path evidence forms to infer that those tracks were public footpaths. The indication was that the tracks were a physical feature on the land.

 

4.

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 23 March 2017.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

 

5.

Application for a Modification Order for Additional Footpaths at Claymeadow Farm - Parish of South Cerney pdf icon PDF 666 KB

Additional documents:

Minutes:

5.1      Andrew Houldey, Asset Data Officer, (PROW Definitive Map) informed      the Committee of the following corrections and clarifications to the          report:

 

Ø    Clarify recommendation- refer to 17.9.

Ø    8.11                 Reverse two points B and C (lines 4 and 5).

Ø    8.25                 Third line- regarded should read regraded (automatic                                      spellcheck).

Ø    9.10                 This point is now designated J on map B (last line).

Ø    14.1                 Applicant- maps- evidence form map is 1I, application

                                                map is 1J.

Ø    16.34              No longer (since 2013) required to display notices on site                              of s.31(6), only on website, as a result of 2013 Growth &

                                    Infrastructure Act, unless combined with deposition under                 schedule 15A (Village Green).

Ø    16.48              2002 should read 2012, making the relevant 20 year                                       period under the s.31 of the 1980 Act 1992 to 2012.

Ø    16.50              Word missing “way”, line 1 after “crossed by the way, the                                public             have an undoubted right to deviate.

Ø    16.51              GCC owned both properties until 2012 not 2002.

 

5.2      The Asset Data Officer gave a presentation to the Committee aided by a power-point presentation which included photographs and maps of the claimed routes.  (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).

 

5.3      The Committee noted that an application for additional footpaths at Claymeadow Farm, was received by the County Council on 4 July 2013. Members were informed that initially there was a discrepancy between the application map and the evidence form map submitted by Mr Hill, the Applicant, as the two maps submitted each showed different paths he wished to claim.  However, the Applicant did subsequently clarify to officers that the evidence form map was the one which the public path evidence forms and application were based on.

 

5.4      It was reported that Claymeadow Farm was purchased by the present owner from Gloucestershire County Council in September 2012.  Claymeadow Farm had previously been used as a Rural Interpretation Centre by the County Council from 1997 to 2011.  The new owner was using the land to farm alpacas, and high wire fencing had been erected around their paddocks, around the outer perimeter of the property, and alongside the two rights of way recorded on the Definitive Map that crossed the land.   The new owner had blocked off the non-definitive paths which ran over the land, making them impassable.  This act brought the right of the public to use the claimed routes into question.  The qualifying period of 20-years use was therefore taken to be 1992 to 2012.

 

5.5      The Committee noted that 94 public path evidence forms had been completed by 102 individuals.  An additional letter was submitted by one witness outlining their use of the path.  There were no individual maps attached to the evidence forms, they all referred to an annotated, lettered plan submitted with the application.  The Asset Data Officer drew attention to the fact that the answers to some of the questions on  ...  view the full minutes text for item 5.

6.

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 10am on 23 March 2017.  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 9.30am on 30 March 2017.

 

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 about matters which were within the powers and duties of the Committee.

7.

Members' Questions -

To answer any written members’ questions. The closing date/time for the receipt of questions is 10am on 23 March 2017.  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 about matters which were within the powers and duties of the Committee.