Agenda and minutes

To approve as a correct record the Minutes of the meeting held on 2 December 2020.

Resolved

That the minutes of the previous meeting held on 2 December 2020 be approved as a correct record.

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

No declarations of interest were made.

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 Tuesday 16 March 2021.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

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

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 10:00 am on Tuesday 16 March 2021.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

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

To consider the following application:

Nature of Application: A 77m length of footpath connecting Station

Road and Bushcombe Close

Parish: Woodmancote

Name of Applicant: Mrs Spragg

Date of Application: 12 June 2006

5.1      Jaci Harris, Asset Data Officer, 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.)

5.2      The Committee considered the application for a Definitive Map Modification Order (DMMO) for the claimed route located in the Parish of Woodmancote, Tewkesbury District. The claimed route was shown running between points A and B, on the Plan attached at Appendix JH2 to the report.  The path ran for a length of approx. 77m connecting two public highways Station Road and Bushcombe Close.

5.3      The Committee was informed that the DMMO application was formally submitted on 12 June 2006 by Mrs Spragg (‘the applicant’).  A total of 5 Public Path Evidence Forms (PPEFs) were completed by 5 individual members of the public in support of the application dating back to 1960 on foot.

5.4      The Asset Data Officer explained that Bushcombe Close was a development of 20 bungalows for which planning permission was secured by Leckhampton Estates Ltd in 1959.  She explained that her report showed that a footpath was conveyed by the developer for use by the purchasers of properties in Bushcombe Close.  Land Registry did not however record any unregistered land in the vicinity of the claimed way so it was reasonable to infer that it had been incorporated over the years into the curtilage of adjacent properties.

5.5      The Asset Data Officer drew the Committee’s attention to Appendix JH3a, which showed the land owned by the various properties in the vicinity of the claimed way.  She referred to two planning applications that had been submitted by the owners of two adjacent properties to the clamed path.   The owners of the property ‘Waterside’ (situated adjacent to Point A and abutting Station Road) received planning permission in 1992 for a two storey extension to provide enlarged living accommodation.  The property No. 11 Bushcombe Close (situated behind Waterside near to Point B), received planning permission in 2016 for front and rear extensions, loft conversion and vehicle access and drive.  Both planning applications had subsequently been implemented. 

5.6      The Asset Data Officer presented a series of photos of the claimed path taken on 29 June 2006 - shortly after the DMMO was received, and also on 10 November 2020.  The photos showed that the claimed path had been inaccessible at Point A Station Road in 2006 and 2020. The photos also demonstrated that between 2006 and 2020 at Point B Bushcombe Close there had been encroachment of the claimed path over the years, following alterations made to a driveway; the path was now completely inaccessible.

5.7      The Committee was informed that the applicant had given two reasons for submitting the DMMO application.  The first reason was due to a planning application, submitted by the owners of Beldon House (situated north of the claimed path).   The applicant stated that ‘the owners of Beldon House intended to use  ...  view the full minutes text for item 5.

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 10:00 am on Tuesday 16 March 2021.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

No public questions had been received on matters which were 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 10:00 am on Tuesday 16 March 2021.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

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