Agenda and minutes

Commons and Rights of Way Committee - Tuesday 4 October 2022 10.00 am

Venue: Committee Room - Shire Hall, Gloucester. View directions

Items
No. Item

15.

Election of Chair

To elect the Chair of the Committee for the 2022/23 civic year.

Minutes:

15.1    Jo Bolton, Democratic Services Adviser, informed the Committee that Cllr Phil Awford, was unfortunately not able to attend this meeting.  He had however confirmed that he would like to continue on as the Chair of the Committee.  She explained that he could be proposed and seconded for Chair in his absence and ultimately the Committee could agree to elect him as Chair.

 

15.2    On calling for nominations for the Chair for the ensuing civic year, Cllr Phil Awford was duly proposed and seconded.  There being no other nominations, the Committee,

 

Resolved

That Cllr Phil Awford be elected Chair for the ensuing civic year.

 

16.

Election of Vice Chair

To elect a Vice Chair of the Committee for the 2022/23 civic year.

Minutes:

 

16.1    On calling for nominations for the Vice Chair for the ensuing civic year, Cllr Graham Morgan was duly proposed and seconded.  There being no other nominations, the Committee,

 

Resolved

That Cllr Graham Morgan be elected Vice Chair for the ensuing civic year.

 

16.2    In the absence of the Chair the Vice Chair presided over this meeting.

17.

Minutes pdf icon PDF 102 KB

To approve as a correct record the Minutes of the meeting held on 16 May 2022.

Minutes:

Resolved

That the minutes of the previous meeting held on 16 May 2022 be approved as a correct record.

18.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

19.

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 10:00am on 27 September 2022.  Please send questions to the Chief Executive 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.

20.

Member Questions on Application(s)

To answer any written member questions on the application(s) before Committee at the meeting. The closing date/time for the receipt of questions is 10:00am on Tuesday 27 September 2022.  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 had been received on the applications before the Committee.

21.

573/11/36.5(1) Application for a Definitive Map Modification Order to add a public bridleway and public footpath at Gunhouse Lane, Brimscombe and Thrupp Parish pdf icon PDF 750 KB

To consider the following application: 573/11/36.5(1) previously 573/11/214(11) 

 

Nature of Application: A length of footpath & separate bridleway at Gunhouse Lane, Bowbridge,

Parish:  Brimscombe & Thrupp

Name of Applicant:  Mrs M Fernando & Mr W T Reddaway  

Date of Applications:  1 December 2020

Additional documents:

Minutes:

21.1    Jaci Harris, 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) to add a public bridleway and public footpath at Gunhouse Lane, Brimscombe and Thrupp Parish.  On the Plan attached at Appendix JH2 to the report, the claimed bridleway was shown as a continuous black line with cross bars at intervals between points A-D-B–C (main route) and the claimed footpath was shown as a broken black line between points D–E (spur route).

 

21.3    The Asset Data Officer informed the Committee that both routes were inspected on 25 May 2022.  The main route commenced at point A on the Plan at its junction with the A419 public highway (known as London Road).  On highway land near point A, there was an aluminium sign stating ‘Gunhouse Lane Private Road’ and a 20 mile an hour speed limit sign. The section of ‘main’ route between points A-D-B had a good tarmac surface, was without limitation and had a width of approx. 3m.  A further similar sign stating ‘Private Road-No Parking’ was located at point D, where the ‘spur’ route commenced at its junction with the main route, in addition, a “Walking Man” directional arrow was fixed to a metal post pointing along the spur route.  A third handmade ‘Private Road’ sign was located just beyond the boundary of The Elms Coach House.  The ‘spur’ route extended to the point marked E on the Plan at its junction with Public Footpath ZST57. The section of route between points B-C crossed a small coppice.  Although unenclosed, there was a width of approx.1.5m between trees, it was unsurfaced and terminated at a wall which had been constructed to incorporate a 1.4m gap, on which the remains of old hanging plate fixings for a gate were found. The gap was wide enough for a horse and rider to proceed through.

 

21.4    The Asset Data Officer reported that in May 2022, letters of consultations were sent to all landowners who were directly affected by the application, and to properties which were adjacent to the claimed routes, all of which had private easements to drive motor vehicles along Gunhouse Lane and had a responsibility to contribute to its maintenance.  Consultations were also sought of our statutory consultees.

 

21.5    The Asset Data Officer drew members’ attention to the summary of the user evidence at JH15.  She reported that a total of 45 Public Path Evidence Forms (PPEFs) completed by 46 individual members of the public were submitted in support of this application in 2020.  The user evidence for the claimed routes was substantial and long running.  It indicated extensive, public enjoyment of the routes for a period of up to 53 years dating back to 1967.  Use of the route was  ...  view the full minutes text for item 21.

22.

Public Questions - About the matters which are within the powers and duties of the Committee pdf icon PDF 117 KB

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 27 September 2022.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

22.1    One public question had been received on the matters which were within the powers and duties of the Committee.  A copy of the question and answer had been circulated and uploaded to the Council’s website. 

 

22.2    The Committee noted the question and answer.

23.

Member Questions - About the matters which are within the powers and duties of the Committee

To answer any written member 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 27 September 2022.  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 about the matters which were within the powers and duties of the Committee had been received.