Agenda and minutes

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

No declarations of interest were made.

To approve as a correct record the Minutes of the meeting held on 12 December 2023.

Resolved

That the minutes of the previous meeting held on 12 December 2023 be approved as a correct record.

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 19 March 2024. Please send questions to Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

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

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 19 March 2024.  Please send questions to 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: To reclassify a restricted byway as a byway open to all traffic (BOAT)

Parish: Hewelsfield and Brockweir Parish

Name of applicant: West Glos & Dean Forest Motorcycle Club

Date of application: 23 November 2005

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 restricted byway under consideration.  (For information: A copy of the presentation slides has been uploaded to the Council’s website.)

5.2      The Committee was informed that the West Glos & Dean Forest Motorcycle Club, submitted their Definitive Map Modification Order (DMMO) application on 23 November 2005.  They sought to re-classify Restricted Byway FHE4 in the parish of Hewelsfield & Brockweir as a BOAT: a way that carried a public motor vehicular right but was generally more suited for use by walkers and horse riders.  On the Plan attached at Appendix JH2 to the report FHE4 was shown running between points A and E.

5.3      The route connected to two public highways; Brockweir Road at point A and Sandy Lane at point E.  The route was already recorded on the Definitive Map, compiled under the statutoryprocess of the National Parks and Access to the Countryside Act 1949.  This constituted conclusive evidence of its status but was without prejudice to higher rights.  The Committee was advised that its determination of the application, must be based on the higher test of the balance of probabilities; i.e. the Committee must consider whether it was more probable than not that the route had higher rights than a restricted byway (a probability of 51% or higher).

5.4      The Committee was informed that this application was one of a number received by the Council between February 2005 and March 2006 to record public motor vehicle rights in advance of a change in legislation which sought to limit such use of “mechanically propelled [motor] vehicles” in the countryside, whilst at the same time preserving routes that were considered to form part of the ordinary road network.  These measures formed part of the Natural Environment and Rural Communities (NERC) Act 2006.   Prior to this Act, no distinction was made between motorised and non-motorised vehicles such as horse drawn carriages.  The NERC Act sought to curtail the future scope for establishing public rights of way for motor vehicles where claims were based on evidence of historic non-motorised vehicles.  To achieve this it extinguished all public motor vehicular rights over ways which immediately before commencement of 2 May 2006 were shown to carry a historic public vehicular right whether motorised or not, and were either not shown on the Definitive Map and Statement at all, or were recorded foothpath, bridleway or restricted byway status, unless one of the exemptions set out in the NERC Act could be applied. 

5.5      The NERC Act also ensured that in the future a long period of use by motor vehicles could not give rise to public motor vehicular rights.  Where such rights were extinguished under the NERC Act, the Act provided that the route should be recorded as a restricted byway, thus reflecting its historic origins.

5.6      The Asset Data Officer explained that in 2006 the Commons and Rights of Way Committee,  ...  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 10:00am on Tuesday 19 March 2024. Please send questions to Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

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

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 19 March 2024. Please send questions to Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

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

The Committee is asked to note the report.

Resolved

That the Committee noted the report.