Agenda and minutes

Commons and Rights of Way Committee - Monday 7 June 2021 10.00 am

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

Items
No. Item

8.

Election of Chair

To elect the Chair of the Committee for the 2021/22 civic year.

Minutes:

Resolved

That Cllr Phil Awford be elected Chair for the ensuing Civic Year

 

9.

Election of Vice-Chair

To elect a Vice-Chair of the Committee for the 2021/22 civic year.

Minutes:

Resolved

That Cllr Graham Morgan be elected Vice-Chair for the ensuing Civic Year.

 

10.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

 

At this juncture Cllr David Willingham stated that he had undertaken an informal site visit.

 

11.

Minutes pdf icon PDF 97 KB

To approve as a correct record the Minutes of the meeting held on 23 March 2021.

Minutes:

Resolved

That the minutes of the previous meeting held on 23 March 2021 be approved as a correct record.

 

12.

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 10:00am on Tuesday 1 June 2021.  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.

13.

Members Questions on Application(s)

To answer any written members’ questions on the application(s) before Committee at this meeting. The closing date/time for the receipt of questions is 10:00am on Tuesday 1 June 2021.  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.

14.

Application for a Modification Order to add a public footpath at Breakheart Hill, North Nibley, Gloucestershire pdf icon PDF 453 KB

To consider the following application: 573/11/161(3)

Nature of Application: To add a public footpath at Breakheart Hill, North

Nibley, Gloucestershire

District: Stroud

Name of Applicant: Mrs P Gibbs

Date of Application: 24 February 2020

Additional documents:

Minutes:

14.1    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.)

           

14.2    The Committee considered the application for a Definitive Map Modification Order (DMMO) for the claimed route located in the Parish of North Nibley, Stroud, Gloucestershire. The claimed route was shown running between points A-B-C on the Plan attached at Appendix JH3 to the report. 

 

14.3    The Committee was advised that the when deciding whether or not to make an orderthe standard of proof required to show that public rights existed was that there was sufficient evidence to ‘reasonably allege’ that they existed. This was quite a low threshold and below the civil standard of proof or “balance of probabilities”. It was not necessary for evidence to be conclusive or based on the criminal standard of proof or ‘beyond reasonable doubt’.

 

14.4    The Committee was advised that if the case was finely balanced and it was considered that there was genuine conflict in the evidence, for example between the evidence of users on the one hand and Landowner on the other, then an order should be made so that the evidence could be tested at a public inquiry.

 

14.5    The Committee was advised that in the event that they determined that an order should not be made, the applicant had the right to appeal against the decision to the Secretary of State. Similarly if the Committee determined that an order should be made the Landowner had the right to appeal. Therefore any order made today was still open to challenge.

 

14.6    The Committee was informed that the applicant had stated that the claimed path connected Public Footpaths CNN9 to CNN10. The accompanying plan however, at Appendix JH2 to report, identified the claimed path as a straight diagonal line across the field which incorporated approximately 40m of designated Public Footpath CNN9 (part of which was legally diverted around the reservoir in 1979). The 40m section of path was annotated by the Case Officer for identification purposes only as running between points X and Y. The Definitive Map provided conclusive evidence as to the existence and status of that section of claimed path designated as Public Footpath CNN9 (without prejudice to higher rights). The user evidence submitted had consisted of pedestrian use only and therefore no further consideration was necessary for that section of path.  

 

14.7    The Asset Data Officer explained that with regard to the opposite end of the claimed route near CNN10, the applicant had identified a path that appeared to pass through the field boundary south of the field gate before connecting with Public Footpath CNN10. The applicant had also submitted a User Evidence Statement (“UES”) and in response to Q.3 described the application route, and responded: “This is indicated on the attached map from stile to stile…” Applicants were not expected to be  ...  view the full minutes text for item 14.

15.

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 10:00am on Tuesday 1 June 2021.  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.

16.

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 10:00am on Tuesday 1 June 2021.  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.