Agenda and minutes

Commons and Rights of Way Committee - Thursday 2 December 2021 10.00 am

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

Items
No. Item

24.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

 

At this juncture, Cllr David Willingham informed the Committee that he had undertaken an informal site visit on Sunday 28 November 2021.

25.

Minutes pdf icon PDF 89 KB

To approve as a correct record the Minutes of the meeting held on 5 October 2021.

Minutes:

Resolved

That the minutes of the previous meeting held on 5 October 2021 be approved as a correct record.

26.

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 10:00 am on Thursday 25 November 2021.  Please send questions marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

No public questions had been received on the applications before the Committee.

27.

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 10:00am on Thursday 25 November 2021.  Please send questions marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

No questions from members had been received on the applications before the Committee.

28.

Application for a Definitive Map Modification Order for an additional length of public footpath Crawley Hill to Bath Road, Parishes of Uley and Nympsfield pdf icon PDF 523 KB

To consider the following application:

 

Nature of Application: Additional Footpath

Parishes: Uley and Nympsfield

Name of Applicant: Mr Ian Crossland

Date of Application: 13 August 2018

Additional documents:

Minutes:

28.1    Andrew Houldey, Asset Data Officer (PROW Definitive Map), gave a detailed presentation to the Committee aided by a PowerPoint 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.)

           

28.2    The Committee considered the application for a Definitive Map Modification Order (DMMO) for an additional length of public footpath connecting Crawley Hill to Bath Road in the parishes of Uley and Nympsfield.  The claimed route was shown running between points A and B, on the Plan attached at Appendix GCC2 to the report.  The Committee was informed that the route commenced at its junction with Crawley Hill at Ordnance Survey Grid Reference (OSGR) ST 7919 / 9993 and shown as point A. It ran in a generally north-easterly direction for approximately 657 metres to its junction with Bath Road at (OSGR) SO 7971/ 0034 shown as point B.

 

28.3    The Asset Data Officer informed members of the documentary evidence relevant to this application. He explained that the claimed way was shown on commercial maps produced by Isaac Taylor (1777), Carey (1794) Smith (1804), Dix (1816) and Greenwood (1824) in a manner consistent with other known highways, and that it was identified in the key to the 1794, 1804, 1816 and 1824 maps as a cross road.  This was indicative of the way at that time carrying public carriageway rights.  Prior to the construction of the turnpike roads the claimed way formed the only link between the villages of Nympsfield and Uley.  It was shown in a manner consistent with other known highways on the Ordnance Survey Surveyor’s Plan of 1825-28 and the first edition one inch to the mile map of 1830.

 

28.4    He informed the Committee that the way was not created or constructed as a turnpike road, but its usefulness as a through route was linked to the roads which came into being around it in 1758 and 1821.  Prior to the construction of the turnpike from the top of Frocester Hill to Uley c.1822 it formed the only direct road link between the two villages of Nympsfield and Uley.  With the construction of the turnpike road bypassing Nympsfield village and that from Frocester Hill to the Freezes and then to Uley, it was of less importance. There was no evidence that it was legally stopped up as part of the turnpike process.

 

28.5    The Committee was informed that Tithe Maps and Apportionments showed the difference between tithable and untithable land. Their purpose was not to show rights of way and hence they were not conclusive evidence, but as Tithe Commutation was an impartial public process carried out under statutory authority and subject to appeal, the records should be given appropriate weight and considered alongside

the other evidence.

 

28.6    The Committee noted that the claimed way passed through the parishes of Uley, Owlpen and Nympsfield.  Consequently, there were three separate Tithe maps and apportionments to consider  ...  view the full minutes text for item 28.

29.

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 10:00am on Thursday 25 November 2021.  Please send questions marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

No public questions had been received on matters which were within the powers and duties of the Committee.

30.

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 10:00am on Thursday 25 November 2021.  Please send questions 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.