Agenda and minutes

Commons and Rights of Way Committee - Tuesday 3 October 2023 10.00 am

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

Items
No. Item

1.

Minutes pdf icon PDF 105 KB

To approve as a correct record the Minutes of the meeting held on Tuesday 6 June 2023.

Minutes:

Resolved

That the minutes of the previous meeting held on 6 June 2023 be approved as a correct record.

2.

Declarations of Interest

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

Minutes:

At this juncture, Cllr Beki Hoyland informed the meeting that the claimed route in regard to agenda item 7 was located within the division that she represented.

 

Cllr Terry Hale informed the meeting that the claimed route in regard to agenda item 8 was located within the division that he represented.

 

At this juncture, Cllr Dr David Willingham reported that he had undertaken an independent informal site visit on Saturday 30 September 2023.

3.

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 Tuesday 26 September 2023. 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.

4.

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 26 September 2023.  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.

5.

573/11/141(6)) - Application for a Definitive Map Modification Order to add a length of public footpath in Lower Lydbrook, Lydbrook Parish, Gloucestershire pdf icon PDF 312 KB

To consider the following application:

 

Nature of Application: Additional Footpath

Parish: Lydbrook

Applicant: Lydbrook Parish Council

Date of Application: 26 February 2001

Additional documents:

Minutes:

5.1      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.)

           

5.2      The Committee considered the application for a Definitive Map Modification Order (DMMO) to add a length of public footpath in Lower Lydbrook, Lydbrook Parish, Gloucestershire.  On the Plan attached at Appendix JH2 to the report, the application route was identified by a black broken line between points A-B.

 

5.3      The Committee was informed that the claimed way commenced at the boundary with the Statutory Forest at the junction of Public Footpath RLY12 adjacent to the property Colliers Cottage at a point marked A on Appendix JH2, and continued in a southerly direction for approximately 218m along the line of the dis-used railway to the junction of Public Footpath RLY17. 

 

5.4      The Asset Data officer explained that as part of the consultation process carried out in 2022, the landowner, Mr L Jones responded by email of 30 August 2023; “After consideration, we formerly object to the footpath amendment request from points A to B due to the fact that there is already an existing footpath linking RLY12 to RLY17 to few meters to the East”.  Footpath RLY12 although running in parallel to the claimed route was different in character and at its narrowest point it was approximately 10m and at its widest point approximately 20m.

 

5.5      The Asset Data Officer explained that the DMMO application was submitted by Lydbrook Parish Council on 26 February 2001.  Members should note however that the application route was part of a claim for an additional public footpath made by Dr Cahn in February 1984.  On the Plan attached at Appendix JH3 to the report, the original 1984 claim was shown comprising sections: A-F & G-F.  On 19 March 1986, the Commons and Rights of Way Sub-Committee determined that no order be made due to the insufficiency of the evidence.  There was no proven 20 years of uninterrupted user since the railway became inoperative in 1960.

 

5.6      The Committee noted that the Applicant appealed the decision to the Secretary of State and asked that he consider the claim in smaller individual sections.  This request was rejected, the Inspector preferring to examine the entire length of the claimed route as one entity.  He did concede however that the spur route from Bayhead to the Church: G-F (highlighted pink on Appendix JH3), was different in nature.  He considered that there was sufficient evidence of use at common law of the spur route and directed the County Council to make an order for it.  This was confirmed and added to the Definitive Map as Public Footpath RLY39.  Members noted the reasons why the Secretary of State dismissed the appeal of the main application route A-F.

 

5.7      The Asset Data Officer reported that Lydbrook Parish Council made three further applications for smaller individual sections  ...  view the full minutes text for item 5.

6.

573/11/159(1) - Application for a Definitive Map Modification Order to add a length of public footpath in Westbury On Severn & Newnham Parishes, Gloucestershire pdf icon PDF 835 KB

Nature of Application: Additional Footpath

Parishes: Westbury on Severn & Newnham

Name of Applicant: Newnham Riverside Path Group

Date of Application: 4 April 2022

Additional documents:

Minutes:

6.1      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.)

           

6.2      The Committee considered the application for a Definitive Map Modification Order (DMMO) to add a length of public footpath in Westbury on Severn & Newnham Parishes, Gloucestershire.  The application was submitted by the Newnham Riverside Path Group on 4 April 2022.  The claimed way connected Severn Terrace, Newnham, to the White Hart Inn at Broadoak, Westbury on Severn, and was identified by a black broken line and marked A-B-C on the plan attached at Appendix JH2 to the report.  The Applicant subsequently requested that the claimed way be amended to exclude the section across the White Hart Inn at Broadoak, Westbury on Severn.  A plan showing the amended application route A-B was held at appendix JH3.

 

6.3      The Asset Data Officer emphasised to the Committee that the process of determining the application would be based solely on the discovery of either user or documentary evidence, and the analysis of that evidence.   She explained that a total of 48 User Evidence Forms (UEFs) were completed by 48 individual members of the public in support of this application, dating back to 1947.  All of those individuals supplied maps and described the route that they used. There was sufficient user evidence in terms of quantity of individuals using the whole of the application route (A-B-C), to warrant an investigation into the route in its entirety.

 

6.4      Members were informed that part of the claimed route crossed, in two very short sections, Crown land; as the Highways Act 1980 did not bind the Crown, the evidence supplied in support of the application could not be considered under the statutory test (Section 31 of the Highways Act 1980) and would instead be considered under common law.

 

6.5      The Asset Data officer explained that the route commenced at the junction of Severn Terrace and Church Road at a point marked A on the Plan JH2.  Notices, fixed to a wall and fence on each side of this private road stated “Pedestrians Only–No unauthorised vehicles”.  The route ran along Severn Terrace for approximately 55 metres, the first 34 metres of which was comprised of uneven tarmac which then became scrub.  The application route turned in a southerly direction for approximately 52 metres before turning back on itself and passing through overgrown grass and scrub for approximately 300m.  The route then proceeded along an embankment where the first 50m had a loose tarmac surface adjacent to Newnham Car Park & Toilets (maintained by Forest of Dean District Council, although the land was unregistered).  An outfall sluice, controlling the discharge of water from Whetstones Brook into the River Severn and crossing a short area of Crown land, was located under the application route at this point.  The pipe was maintained by the Environment  ...  view the full minutes text for item 6.

7.

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 Tuesday 26 September 2023. Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email:

joanne.bolton@gloucestershire.gov.uk).

Minutes:

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

8.

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 26 September 2023. 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.