Agenda and minutes

Commons and Rights of Way Committee - Tuesday 6 October 2020 10.00 am

Venue: REMOTE MEETING

Items
No. Item

27.

Minutes pdf icon PDF 100 KB

To approve as a correct record the Minutes of the meeting held on 10 December 2019.

Minutes:

Resolved

 

That the minutes of the previous meeting held on 10 December 2019 be approved and signed as a correct record.

28.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

29.

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 29 September 2020.  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.

30.

Members Questions on Application(s)

To answer any written members’ questions on the application(s)

before the Committee at this meeting. The closing date/time for the

receipt of questions is 10:00 am on Tuesday 29 September 2020.

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.

31.

Application for a Definitive Map Modification Order for an additional length of public footpath, Popes Hill to Chestnuts Inclosure, Parish of Littledean pdf icon PDF 328 KB

 

To consider the following application:

Nature of Application: Additional footpath

Parish: Littledean

Name of Applicant: Chris Vidler

Date of Application: 11 March 2005

Additional documents:

Minutes:

31.1    Andrew Houldey, Engagement 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.)

           

31.2    The Committee considered the application for a Definitive Map Modification Order (DMMO) for the claimed path at Popes Hill in the parish of Littledean.  It was noted that the claimed route was shown running between points A, B and C, on the plan attached at Appendix 1B to the report.

 

31.3    The Committee was informed that the claimed path between points A to B ran over land which was owned by the Forestry Commission until 1971, before being sold.  From point B the claimed path continued as an unidentified track across bracken to the Forestry Commission owned Chestnuts Inclosure at Point C.  The section of the claimed path between points B to C ran over land which was part of the Statutory Forest of Dean, it then continued into the wood as a forest path.  The whole length of the claimed route ran over land which had been designated as access land under Part 1 of the Countryside and Rights of Way (CROW) Act 2000. This Act created new public access rights over ‘access land’ in England and Wales.

 

31.4    The Engagement Officer explained that The Forest of Dean was established by statute under the Dean Forest (Reforestation Act) of 1667. 11,000 acres, being part of the wastelands of the Forest of Dean, were to be inclosed and kept in severalty for the growth and preservation of timber to supply wood for the Royal Navy and for the maintenance of trade shipping.  The physical inclosures were to allow the young trees to grow and to be kept free from damage by animals. The provisions of the Act were largely re-enacted in the Dean Forest (Timber) Act 1808. 

 

31.5    The Engagement Officer informed the Committee that The National Forest Park Committee (Forest of Dean) produced a report in 1938, which confirmed the Forestry Commission’s view was that access to the Forest was regulated and controlled by the Forestry Commission bylaws, and under those circumstances it would be impossible to show an implied intention to dedicate on the part of the Crown in the Statutory Forest since 1938.  He explained that this confirmed a regulated permissive right of way on foot over the Statutory Forest, had the effect that any subsequent use would be permissive, and not ‘as of right’, and hence would not establish a right through long user. 

 

31.6    He informed the Committee that the claimed path should be considered as two separate sections i.e. A to B and B to C.  This was because the land over which the claimed route ran between points A to B was sold by the Forestry Commission in 1971; the claimed path came into being as a physical feature in 1971, and from that date forward  ...  view the full minutes text for item 31.

32.

Application for a Definitive Map Modification Order for an additional length of footpath connecting public footpath RWD10A with Kidnalls Wood, Yorkley, West Dean, Gloucestershire pdf icon PDF 311 KB

To consider the following application:

Nature of Application: A 114m length of footpath linking Public Footpath RWD10A to Kidnalls Wood, Yorkley

Parish: West Dean

Name of Applicant: Mrs D Large

Date of Application: July 2017

Additional documents:

Minutes:

32.1    Jaci Harris, Asset Data Officer, 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.)

 

32.2    The Committee considered an application for a Definitive Map Modification Order (DMMO) for the claimed path marked A-B on the plan attached at Appendix JH2 to the report. The claimed path was situated in the village of Yorkley in the parish of West Dean, and crossed land which had until recently, formed part of the 180 acre Yorkley Court Estate.  It connected to Public Footpath RWD10A at point A and at point B connected with Kidnalls Wood.

 

32.3    The Committee was informed that the ownership of the Yorkley Court Estate had been unclear for many years.  A public notice, dated 1 October 2018, placed in the London Gazette under Section 27 of the Trustee Act 1925 sought surviving family members connected to 23 deceased people with links to the Grade II-listed farm, buildings and lands.  Meanwhile the land had been leased via a trust to a succession of tenant farmers.  The Land Registry had confirmed that this was the position until December 2014, when at that point in time Yorkley Court Farm Ltd was sold with a possessory title.

 

32.4    The Committee was informed that the application for the DMMO was made in January 2017 and the photos of the claimed path were taken by the Asset Data Officer 2 years later in January 2019.  A length of strained post and wire fencing topped with a strand of barbed wire, installed in January 2017, marked the start of the claimed path at point A at its junction with Public Footpath RWD10A.  The barbs had been removed from the section across the claimed route but as the fence was not damaged or bent out of shape from being climbed over, it seemed that the claimed path had received very little use since the fence was erected.  At point B on the plan there was an old broken post and wire boundary fence, sections of which were missing meaning there was nothing to impede access at that point.  The old fence line was shown as the boundary of Kidnalls Wood by Land Registry for the Forestry Commission under title GR290807 and Yorkley Court Farm Ltd under title GR371316.

 

32.5    The Asset Data Officer explained that regarding frequency of use, from the user evidence supplied, 5 individuals had claimed daily use, 19 had claimed weekly use, 5 had claimed monthly use and 6 had claimed infrequent use.  This did conflict with statements made by Ashfords Solicitors LLP acting on behalf of the landowner, they had questioned the alleged claimed use of the path on the basis that contractors of the landowner and some farmers and tenants in the area had never seen anyone using the path.

 

32.6    The Asset Data Officer reported that in response to the consultation  ...  view the full minutes text for item 32.

33.

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 10:00 am on Tuesday

29 September 2020. 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.

34.

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 29 September 2020. Please send questions to the Chief

Executive marked for the attention of Joanne Bolton (email:

joanne.bolton@gloucestershire.gov.uk).

Minutes:

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

 

34.2    At this juncture Cllr Graham Morgan asked for the Committee to be provided with an update on the current position of the application for a DMMO for a public right of way across the Stowfield viaduct/Black Bridge, in Lydbrook, Gloucestershire.  It was agreed that an update would be circulated to the Committee.

ACTION: Juliette Walker