Agenda and minutes

Commons and Rights of Way Committee - Tuesday 12 December 2023 10.00 am

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

Contact: Joanne Bolton  Email: joanne.bolton@gloucestershire.gov.uk

Items
No. Item

1.

Minutes pdf icon PDF 150 KB

To approve as a correct record the Minutes of the meeting held on 3 October 2023.

Minutes:

Resolved

That the minutes of the previous meeting held on 3 October 2023 be approved as a correct record.

2.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

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 10:00 am on Tuesday 5 December 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 application 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 10:00 am on Tuesday 5 December 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 application before the Committee.

5.

APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO ADD A LENGTH OF RESTRICTED BYWAY, WILDMOORWAY LANE, PARISH OF SOUTH CERNEY (573/11/201(6) pdf icon PDF 383 KB

To consider the following application:

Nature of Application: Additional Restricted Byway

Parish: South Cerney

Name of Applicant: South Cerney Parish Council

Date of Application: 31 May 2017

 

Additional documents:

Minutes:

5.1      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.)

           

5.2      The Committee considered the application for a Definitive Map Modification Order (DMMO) to add a length of restricted byway in Wildmoorway Lane, parish of South Cerney.  On the Plan attached at Appendix 1B to the report, the application route was shown between points A, B and C.  Section A to B was not currently shown on either the list of maintainable highways or the Definitive Map and Statement.  Section B to C was currently recorded on the Definitive Map as part of public footpath BSC 20.  The application was to add a length of restricted byway between points A and B and to reclassify the public footpath between points B and C to a restricted byway.

 

5.3      The Asset Data Officer informed the Committee that it was an established maxim that “once a highway, always a highway” meaning that a public right of way would not cease to exist, even if no one used it; rights could only be extinguished by a legal order.

 

5.4      The Asset Data Officer presented a series of photographs and provided members with a detailed description of the application route.  He pointed out that when the application route was inspected in 2017 there was a metal field gate at point A, which was open; the gate had been removed by 2023.  The metal gate was erected in autumn 2016 and was associated with the development of holiday accommodation and fishing cabins around Horseshoe Lake, which was accessed by Wildmoorway Lane.

 

5.5      The Committee was informed that the maps issued by Gloucestershire County Council to accompany the application forms and for path users to complete to show the route that they had used, did not show the whole of Wildmoorway Lane as far east as point C, but did show a section east of the River Churn, allowing officers to infer that the intention of the applicant was to include the whole of Wildmoorway Lane.  The Asset Data Officer explained that this assertion was supported by the statements made by the path users.  The County Council as surveying authority had a duty under Section 53 of the 1981 Wildlife and Countryside Act to keep the Definitive Map and Statement under continuous review and to make orders where there was discovery of evidence that a right of way was not shown on the map or should be shown differently; this allowed the Council to make orders that were consistent with the evidence rather than with what had been claimed.

 

5.6      He explained that Wildmoorway Lane was not registered with the Land Registry.  The applicant had been given permission by Gloucestershire County Council to erect impersonal notices on site to give notice of the DMMO application.  The applicant submitted the  ...  view the full minutes text for item 5.

6.

Public Questions - About the matters which are within the powers and duties of the Committee pdf icon PDF 103 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 5 December 2023.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

6.1      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. 

 

6.2      The Committee noted the question and answer.

 

6.3      Mr Giles asked the following oral supplementary question:

 

“Firstly I’d like to thank Phillip Cameron for his prompt response to my original question and say how pleased I am to hear of the imminent move to stage 2 regarding the Town Green application.

 

If the town green application moves to stage 2 just prior to Christmas could the allotted time period for public consultation please start after the holiday period in the new year to allow maximum public awareness.

 

With regard to the MST62 modifications, particularly in the path width, we ask that deadlines with strict enforcement action to be set if further delaying tactics and obstructions are employed by the landowners.

 

The lack of defined clarity of boundaries of the land ownership is magnifying problems, and may be being exploited particularly in the areas earmarked for maple syrup production and the cliff face leading to Rosedale where a diversion of MST28 runs.

 

MST 28 is live and passable but considered extinguished by the owners who have denied access.

 

As a matter of priority can the true physical boundaries be established and access to MST28 and its diversion be reinstated by the removal of obstacles (barbed wire/fencing etc) allowing continuity of the public right of way?”.

 

6.4      In response to the question, the Traffic Manager explained that the works to MST62 were currently under a formal temporary closure and the Public Rights of Way Team were liaising with the owners over the works.  The closure was currently in place until the New Year, but the works were weather dependent.  Any issues with regard to the land ownership boundaries would need to be directed to Land Registry, as they dealt with those matters.  The route of MST28 was currently severed by an old Quarry, and the Council was in the process of investigating its status and options.

7.

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 5 December 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.