Agenda and minutes

Commons and Rights of Way Committee - Tuesday 6 June 2023 10.00 am

Venue: Committee Room - Shire Hall, Gloucester. View directions

Items
No. Item

1.

Election of Chair

To elect the Chair of the Committee for the 2023/24 civic year.

Minutes:

On calling for nominations for the Chair for the ensuing civic year, Cllr Graham Morgan was duly proposed and seconded.  There being no other nominations, the Committee:

 

Resolved

That Cllr Graham Morgan be elected Chair for the ensuing civic year.

2.

Election of Vice Chair

 

 

 

 

 

 

To elect a Vice Chair of the Committee for the 2023/24 civic year.

Minutes:

On calling for nominations for the Vice Chair for the ensuing civic year, Cllr Beki Hoyland was duly proposed and seconded.  There being no other nominations, the Committee:

 

Resolved

That Cllr Beki Hoyland be elected Vice Chair for the ensuing civic year.

3.

Minutes pdf icon PDF 113 KB

To approve as a correct record the Minutes of the meeting held on Tuesday 28 March 2023.

Minutes:

Resolved

That the minutes of the previous meeting held on 28 March 2023 be approved as a correct record.

4.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

 

At this juncture, Cllr Dr David Willingham reported that he had undertaken an independent informal site visit on Saturday 3 June 2023.

5.

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 30 May.  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.

6.

Member Questions on Application(s)

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 10:00am on Tuesday 30 May 2023.  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.

7.

573/11/222(1) Application for a Definitive Map Modification Order for an additional length of bridleway, Old railway line, Fox Hill (B4014) to Preston Park, Parishes of Tetbury and Long Newnton pdf icon PDF 293 KB

To consider the following application:

Nature of Application:         Additional Bridleway

Parish:                                   Tetbury

Name of Applicant:              Paul Lockley

Date of Application:             30 March 2022 

Additional documents:

Minutes:

7.1      Andrew Houldey, Asset Data 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.)

           

7.2      The Committee considered the application for a Definitive Map Modification Order (DMMO) for an additional length of bridleway, Old railway line, Fox Hill (B4014) to Preston Park, in the parishes of Tetbury and Long Newnton.  On the Plan attached at Appendix 1B to the report the way was shown running between points A and B. 

 

7.3      The Asset Data Officer informed the Committee of the following corrections and clarifications to the report accompanying the agenda:

Ø   Feoffees of Tetbury had a 999-year lease of the land from Simon Preston who was the freehold owner of the most northly section of the path.  Tetbury Town Council was the freehold owner of most of the former railway line (which closed in 1964) and the town council leased the Goods Shed and the area to the east of the Goods Shed, where the railway carriage was situated, to Tetbury Rail Lands Regeneration Trust.

Ø   The name of the street at the southern end of the claimed way at point A was referred to in the report as Fox Hill.  This was the name used in the County Council’s List of Streets and was therefore correct.  However, Fox Hill was also known as Malmesbury Road, Newnton Road and Wiltshire Bridge.  Officers would investigate this further if the Committee resolved that an Order should be made.

 

7.4      The Committee was informed that the path followed the trackbed of the former Tetbury to Kemble railway, running from Fox Hill, at point A, in a roughly north then northeasterly direction through the former Tetbury railway station and then along the course of the former railway line to Preston Park, at point B, where it joined a public bridleway NLN 21 and public footpath NTE 6A.  Public bridleway NLN 21 ran along the former railway to Newnton Hill and then on to the Trouble House Inn.  At point A the path ran through a small wicket access gate and along through a narrow path but did not extend through the double gates which were kept locked.  The path ran along the west side of the Goods Shed; the cafe and the railway carriage were situated on the east side of the Goods Shed.

 

7.5      The Asset Data Officer drew attention to paragraph 7.8 of the report which detailed the wording of the notice from Tetbury Town Council (as landowners), on the signage located at approximately point E on map 1E.  He informed members that the signage was erected in late 2021.  This signage was considered by the applicant as bringing into question the public’s right to use the path and led to the application for a DMMO for an additional length of public bridleway being made on 30 March 2022. 

 

7.6      The  ...  view the full minutes text for item 7.

8.

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 30 May 2023.  Please send questions to the Chief Executive marked for the attention of Joanne Bolton (email: joanne.bolton@gloucestershire.gov.uk).

Minutes:

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

9.

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

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 30 May 2023.  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 about the matters which were within the powers and duties of the Committee had been received.