Agenda item

To consider objections received to the making of “The Wiltshire Council (Parish of Donhead St Andrew) Path No. 27 Definitive Map and Statement Modification Order 2016”, under Section 53 of the Wildlife and Countryside Act 1981.

The Committee is asked to consider the recommendation that the Order be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

Public Participation

Anne Shaw spoke in Objection to the application

Marcus Shepherd spoke in Objection to the application

Colin Shaw spoke in Objection to the application

Chris Kilner spoke in Support of the application

Liz Collyer spoke in Support of the application

Simon Barkham spoke in Support of the application

Cllr Particia Maxwell-Arnot of Donhead St Andrew Parish Council spoke in Support of the application.

The Rights of Way Officer presented the report which asked Members to consider the objections and  representations received against the evidence already before the Council in this case and the legal tests for making a definitive map modification order, under Section 53 of the Wildlife and Countryside Act 1981 and Section 31 of the Highways Act 1980, in order to determine the Wiltshire Council recommendation to be attached to the Order when it was forwarded to the Secretary of State for determination.

Attention was drawn to two amendments to Appendix E of the report, as follows:

Appendix E:

1)      Page 192 – “Objections” column – paragraph 4, lines 1 and 2 presently read “It is also untrue that the majority of the village wants this new path; it is true that the vocal majority want it…” Please substitute the second reference to “majority” to “minority” to read “It is also untrue that the majority of the village wants this new path; it is true that a vocal minority want it…”

2)      Page 193 – “Objections” column – paragraph 2, lines 15 and 16 presently read “…is shown marked S2…” Please add the wording “…by a green line. The position of the stile in the new fence is…”, to describe the claimed route walked prior to 1997 “…is shown by a green line. The position of the stile in the new fence is marked S2…”

The Application was submitted by Donhead St Andrew Parish Council and was supported by 33 witness evidence forms. There had also been 9 objections to the order.

The Committee then had the opportunity to ask technical questions of the Officer, it was noted that if a Land owner took steps formally to tell public that they had permission to use a route, then that would prevent that route from becoming a public Right of Way. It was also noted that regardless of the decision of the Committee, the next stage would be for the Order to go to the Secretary of State.

Members of the public then had the opportunity to present their views as detailed above.

The Unitary Division Member, was not in attendance.

Cllr Tomes moved APPROVAL in line with Officer’s recommendation. This was seconded by Cllr Edge.

Resolved:

That the “Wiltshire Council (Parish of Donhead St Andrew) Path No. 27 Definitive Map and Statement Modification Order 2016”, be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.