Agenda and minutes

Commons and Rights of Way Committee - Tuesday 10 December 2019 10.00 am

Venue: Cabinet Suite - Shire Hall, Gloucester. View directions

Contact: Joanne Bolton - 01452 324197 

Items
No. Item

19.

Minutes pdf icon PDF 98 KB

To approve as a correct record the Minutes of the meeting held on 4 October 2019.

Minutes:

Resolved

 

That the minutes of the previous meeting held on 4 October be approved and signed as a correct record.

20.

Declarations of Interest

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

Minutes:

20.1    At this juncture, Cllr John Cordwell referred to the first application under consideration concerning additional lengths of public footpath at Bownance Woods; he reported that this was in the parish of Stinchcombe and in his electoral division of Wooton-under-Edge.  He pointed out that the application was made in 2006 and therefore before his division of Wotton-under-Edge was expanded to include the parish of Stinchcombe.  Cllr Cordwell explained that Mr and Mrs Pridmore had visited him back in 2015 to discuss all of the contactable users of the route withdrawing their support for the application.  He confirmed that he had not discussed his views on the application with Mr and Mrs Pridmore and consequently he had no interest to declare. 

 

20.2    Cllr Lorraine Patrick also referred to the application concerning the additional lengths of public footpath across Bownance Woods in the parish of Stinchcombe.  She explained that she had previously kept horses on land close to the paths.  Janet Smith, Specialist Adviser, advised Cllr Patrick that this was deemed to be non-prejudicial and she could therefore participate in the proceedings.

21.

Members Questions on Application(s)

To answer any written members’ questions on the application(s) before the Committee at the meeting.

 

The closing date/time for the receipt of questions is 10:00 am on Tuesday 3 December 2019.  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.

22.

Public Questions on Application(s)

To answer any written 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 3 December 2019.  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.

23.

Application for a Modification Order for additional lengths of public footpath at Bownace Woods, Stinchcombe Parish, Gloucestershire pdf icon PDF 2 MB

Additional documents:

Minutes:

23.1       Jaci Harris, Asset Data Officer (PROW Definitive Map), gave a detailed presentation to the Committee aided by a power-point presentation, which included photographs of the claimed routes under consideration. (For information – A copy of the presentation slides is included in the minute book and has been uploaded to the Council’s website.)

             

23.2       The Committee was informed that an application for a Definitive Map Modification Order (DMMO) was made by Mrs M Larroucau on 15 June 2007.   The Committee noted the route of the two claimed footpaths marked A-B & C-D, on the plan attached at Appendix JH2 to the report.

 

23.3       The Asset Data Officer informed the Committee that Land Registry records confirmed that Mr P S Pridmore had owned the land over which the majority of the claimed paths ran since September 2011.  Molyneux Engineering owned the land between the years 1983 and 2004 when it was sold to Mr & Mrs Gatt, who owned the land until its re-possession in 2010 and sale in 2011 to Mr & Mrs Pridmore.  The Committee noted that there were two small areas of land affected by this application which were in the ownership of the Stinchcombe Hill Recreation Ground Trust.

 

23.4       The Asset Data Officer explained that photos taken on 21 June 2007 by an officer whilst inspecting the claimed paths showed barbed wire strung across the path and notices saying ‘KEEP OUT’.  Under Section 31 of the Highways Act, this constituted a challenge by the landowner to the public’s use of the paths and would give a retrospective 20-year qualifying period of 1987-2007.

 

23.5       The Committee was informed that there was no substantive documentary evidence to support this application, and the claimed paths were not put forward by Stinchcombe Parish Council for consideration at any stage in the compilation of the definitive maps of 1953. 

 

23.6       The Committee was informed that a total of 15 Public Path Evidence Forms (PPEFs) completed by 15 individual members of the public had been completed in support of the application. 

 

23.7       The Asset Data Officer drew members’ attention to a letter that she had received from Mr Pridmore attached at Appendix JH4.1 to the report.  In the letter Mr Pridmore stated that “the previous owner had taken out a deposition in 2006 to stop people using his property”, and “that the previous owner’s extreme actions in aggressively confronting trespassers had led to an application for the footpath being filed in 2007”. 

 

23.8       The Asset Data Officer confirmed that Mr Gatt had deposited a Section 31(6) map and statement on 27 June 2006.  However, at no time during the period covered by the deposit was a statutory declaration executed and therefore the deposit could not be relied upon to rebut a claim of presumed or inferred dedication. 

 

23.9       The Committee was informed that Mr Pridmore, upon receiving notification of the application, had spoken to the applicant to set out his concerns about the proposed right of way.  Consequently, Ms Larroucau withdrew her application  ...  view the full minutes text for item 23.

24.

Application for a Modification Order to add a length of public footpath linking East End Road & London Road, Charlton Kings, Gloucestershire pdf icon PDF 676 KB

Additional documents:

Minutes:

24.1       Jaci Harris, Asset Data Officer (PROW Definitive Map), gave a detailed presentation to the Committee aided by a power-point presentation, which included photographs of the claimed routes under consideration. (For information – A copy of the presentation slides is included in the minute book and has been uploaded to the Council’s website.)

 

24.2       The Committee was informed that an application for a Definitive Map Modification Order (DMMO) was made by Mrs Pamela Harford on 22 April 2008.  The Committee noted the route of the claimed footpath marked A-B on the plan (produced before the development had commenced) attached at Appendix JH2 to the report.

 

24.3       The Asset Data Officer explained that the application was assigned a ‘medium’ priority rating and therefore the investigation only started in 2017.  It quickly became evident that the site over which the claimed path crossed had been developed and the path was no longer available, either on its claimed route, or any other within the site.  Mrs Haford was informed of this turn of events and she then subsequently decided to withdraw her application. 

 

24.4       The investigation revealed that the land over which the claimed path crossed had been developed under planning permission 09/01515.  The Committee noted the map at Appendix JH3 to the report which showed the effect of the development.  The Committee acknowledged that no provision was found to have been made for the claimed path.

 

24.5       In response to a question, the Asset Data Officer explained that the Surveying Authority is required to maintain a database of applications for changes to the legal record of public rights of way.  Since 2018, searches carried out during the conveyancing process of a property purchase include mandatory questions with regard to public rights of way and undetermined claims, as recorded on the database, for the legal record to be modified.   Prior to 2018 such information would only be provided if specifically requested by the conveyancer.   It follows therefore that there could be many, as yet, unknown potential claims for paths which could potentially affect someone’s land but are unknown to the Surveying Authority because they have not been made the subject of an application.  Janet Smith, Specialist Adviser, explained that there was no legal requirement for a Planning Authority to refuse planning permission due to an unresolved claim for a public right of way on the land subject to the planning application.  Since 2018, a developer would be made aware of any claims affecting the land in question so that he could consider the possibility of facilitating the claimed path, thereby adding the claimed path to the legal record and resolving the application by an alternative legal provision.  This would be undertaken however at the developer’s risk because until the application was investigated and officially determined, there was always the chance that the application would be rejected.  Officers advised the Committee that in regards to this case there was no provision for the path within the development and no alternative route of where  ...  view the full minutes text for item 24.

25.

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

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 10:00 am on Tuesday 3 December 2019.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

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

26.

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

To answer any written public questions about matters which are within the powers and duties of the Committee.

 

The closing date for receipt of questions is 10.00 am on Tuesday 3 December 2019. 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 matters which were within the powers and duties of the Committee.