Agenda and minutes

To approve as a correct record the Minutes of the meeting held on 7 June 2021.

Resolved

That the minutes of the previous meeting held on 7 June 2021 be approved as a correct record.

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

18.1    No declarations of interest were made.

18.2    At this juncture, Cllr David Willingham informed the Committee that he had undertaken an informal site visit on Sunday 3 October 2021.

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 10:00am on Tuesday 28 September 2021.  Please send questions for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

No public questions had been received on the applications 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 10:00am on Tuesday 28 September 2021. Please send questions for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

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

To consider the following application:

Nature of Application: Additional Footpath

Parish: Leckhampton

Name of Applicant: Ros Trevis

Date of Application: 13 July 2020

21.1    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.)

21.2    The Committee considered the application for a Definitive Map Modification Order (DMMO) for an addition length of public footpath Leckhampton Hill (Road C377) to footpath CHL 18 / ASH 42, in the parish of Leckhampton.  The claimed route was shown running between points A and B, on the Plan attached at Appendix 1B to the report.  The route was approximately 35 metres in length.

21.3    The Committee was informed that the path formed a shortcut from the road known as Leckhampton Hill west to the public footpath ASH 42 / CHL 18 which ran roughly north-south along the course of the former Leckhampton Quarry tramway. Point B of the claimed route was on the class 3 road C377 known as Leckhampton Hill, and was almost opposite the entrance to Underhill Avenue.  At point A the claimed route joined the public footpath along the old tramway. Directly to the west of point A there was a stile giving access to the fields west of the public footpath ASH 42 / CHL 18. The stile did not form part of the claimed route but was referred to in the user evidence statements as forming part of a longer walk to Leckhampton Church.

21.4    The Asset Data Officer explained that the claimed route was inspected on 30 July 2020 with the permission of (and accompanied by) the landowner.  The line of the path was distinguishable by a bare earthen surface, approximately 1.5 metres in width in the middle section, but approximately 1 metre in width towards points A and B.  There were no structures or boundary features at either point A or B.  The path between points A and B crossed a small piece of woodland.  At point B the path emerged through shrubs onto the road close to a speed restriction road sign. The claimed path was obstructed at each end by brushwood, branches and barbed wire.

21.5    In response to a question, the Asset Data Officer clarified that there was no public right of way over the fields beyond the stile located directly to the west of point A. 

21.6    In response to a question, the Asset Data Officer explained that the county council as the Highway Authority was under a statutory duty to maintain the highways for which it was responsible.  The law on whether the Highway Authority was liable for damages in respect of claims resulting from people being injured using a public right of way through woodland, was complex and would be dependent on the facts of each individual case.  If an order was made to add the claimed route to the Definitive Map then the route would be made as safe as possible for public use, with  ...  view the full minutes text for item 21.

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 Tuesday 28 September 2021.Please send questions for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

22.1    Two questions had been received.  A copy of the questions and answers had been circulated and uploaded to the Council’s website. 

22.2    The Committee noted the questions and answers.

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 Tuesday 28 September 2021.  Please send questions 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.