Agenda and minutes

Commons and Rights of Way Committee - Wednesday 2 December 2020 10.00 am

Venue: REMOTE MEETING

Items
No. Item

35.

Minutes pdf icon PDF 129 KB

To approve as a correct record the Minutes of the meeting held on 6 October 2020.

Minutes:

Resolved

That the minutes of the previous meeting held on 6 October 2020 be approved and signed as a correct record.

36.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

37.

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 Wednesday 25 November

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.

38.

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 Wednesday 25 November

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.

39.

Application for a Modification Order for a Length of Public Footpath at Bussage, Chalford, Gloucestershire pdf icon PDF 386 KB

To consider the following application:

Nature of Application: A length of public footpath at Bussage, Chalford District: Stroud, Gloucestershire

Name of Applicant: Mr Peter Oakley, Chalford Parish Council

Date of Application: 22 November 2018

Additional documents:

Minutes:

39.1    Juliette Walker, 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.)

           

39.2    The Committee considered the application for a Definitive Map Modification Order (DMMO) for the claimed route which was located in Bussage in the Parish of Chalford, Stroud District.  The claimed route was shown running between points A, B and C, on the plan attached at Appendix 1B to the report. 

 

39.3    The Committee was informed that the route was located to the west side of Frith Wood, and connected to the class 4 Road (number 41324) at its southern end, which was at point A on the plan.  The route headed in a north easterly direction to where it joined the public footpath MCH13 at point C on the plan.  It was also joined by a class 6 pathway from the west, which joined the claimed route at point B on the plan.  The claimed route provided access to the recreation ground located on the southern side of the Class 4 road, as well as providing access to the public footpaths that ran through Frith Wood and surrounding residential roads.

 

39.4    The Asset Data Officer explained that at point A there was a low stone wall where the path joined a class 4 highway verge.  The stone pinch point was built into the boundary wall and was the narrowest part of the path, measuring 0.48m; the rest of the path between points A and B had a continuous boundary to boundary width of 2 metres.  At point B the class 6 pathway provided alternative access to the claimed path as the pinch point meant that it was too narrow for users with prams or wheelchairs. 

 

39.5    The Asset Data officer informed the Committee that the application was supported by 22 public path evidence forms, completed by 22 individuals. She drew the Committee’s attention to the summary of the user evidence forms at Appendix 1Q to the report.  She reported that all of the users had claimed use of the path on foot; however, one user had been discounted as they had described having a private right of access to maintain their rear garden boundary which abutted the claimed route. 

 

39.6    The Committee noted that the status of the route was first called into question when the parish council undertook maintenance work to improve the surface of the path.  Chalford Parish Council subsequently submitted a DMMO to Gloucestershire County Council  on 17 November 2018.   The Asset Data Officer explained that if the publics’ use of the path had not been challenged by the landowner, as was the case, then Section 69 of the Natural Environment and Rural Communities Act 2006 (NERC) provided that the date of the application could be used in accordance with paragraph 1 of Schedule 14 to the Wildlife & Countryside Act 1981.  The user  ...  view the full minutes text for item 39.

40.

Application for a Modification Order for an Additional Footpath in Up Hatherley Parish, Cheltenham, Gloucestershire pdf icon PDF 63 KB

To consider the following application:

Nature of Application: A length of footpath (498m) connecting Cheriton Park to Jasmine Way

Parish: Up Hatherley, Cheltenham, Gloucestershire

Name of Applicant: Up Hatherley Parish Council

Date of Application: 5 June 2018

Additional documents:

Minutes:

40.1    .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.)

           

40.2    The Committee considered the application for a Definitive Map Modification Order (DMMO) for the claimed path in the Up Hatherley Ward, Cheltenham.  The Committee was informed that the application was submitted to Gloucestershire County Council on 5 June 2018, by Up Hatherley Parish Council.

 

40.3    The Asset Data Officer explained that there was no documentary evidence being submitted in support of the application.  This was due to the land over which the claimed path crossed, being formally owned by Gloucestershire County Council for the purposes of a farm.  The land was sold in the early 1990s to a developer for the construction of the existing residential development.   It could therefore be inferred that the claimed path had come into existence through the construction of the housing estate.  This correlated with the user evidence, with the earliest use being claimed from the early 1990s. 

 

40.4    The Committee was informed that as part of the statutory consultation process, John Newbury of Living Streets, had responded to inform officers that his organisation would oppose the order because it would limit the use of the route to people on foot.   In addition, John Mallows of Cycling UK & Secretary and Press Officer for the Cheltenham & Tewkesbury Cycling campaign had responded to indicate support for the path receiving a higher status to reflect use by cyclists.  The Asset Data Officer wrote to John Newbury in January and John Mallows in May 2020, to outline that the DMMO application process was solely evidence based (user and documentary) and therefore suitability and desirability could not be taken into account.  The Asset Data officer had asked Mr Newbury and Mr Mallows whether they or any of their members had any evidence of use of the claimed path beyond pedestrian use, and which could be submitted via  a public path evidence form.  She had advised them that if sufficient user evidence was received, regarding use by cyclists, then even though the application was for a footpath, an order could be made to give the claimed path the higher status of a restricted byway. 

 

40.5    The Asset Data Officer explained that no response was received from Mr Mallows or Mr Newbury, and despite a chase up email being sent on 4 November 2020 reminding them of their need to supply evidence of use by cyclists, no response was subsequently received.  She reminded the Committee that its decision on the application must be based solely on the evidence being presented.

 

40.6    In response to a question, the Asset Data Officer clarified that if there had been sufficient user evidence showing use of the claimed route by cyclists, then an order would be made for a restricted byway.  Since the Natural Environment and Rural Communities Act came into force  ...  view the full minutes text for item 40.

41.

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

Wednesday 25 November 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.

42.

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

Wednesday 25 November 2020. 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.