Agenda item

To consider objections and representations of support received following the making and advertisement of “The Wiltshire Council (Parish of Idmiston) Path No. 9 Definitive Map and Statement Modification Order 2016”, under Section 53 of the Wildlife and Countryside Act 1981.

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

Mark Jones spoke in Objection to the Order

Don Whittlestone spoke in Objection to the Order

Bob Pope spoke in Objection to the Order on behalf of Mr and Mrs Tidd

Steve Castellano spoke in support of the Order

Valerie Creswell spoke in support of the Order

Wesley Bight spoke in support of the Order

Cllr Gould of Idmiston Parish Council spoke in Objection to the Order

The Rights of Way Officer; Janice Green drew attention to the late correspondence circulated at the meeting from the land owner. She presented the report for Footpath No.9 – Definitive Map and Statement Modification Order 2016 in the Parish of Idmiston. It was explained that Wiltshire Council received an application dated 3 November 2015 and made under Section 53 of the Wildlife and Countryside Act 1981, to add a footpath to the definitive map and statement of public rights of way in the parish of Idmiston.

The application was made on behalf of Porton Neighbourhood Plan Group, on the grounds that public footpath rights could be reasonably alleged to subsist or subsist over the claimed route, based on user evidence and should be recorded within the definitive map and statement of public rights of way, as such.

Key points noted were that part of the land the footpath would cross was privately owned and the other part in Bourne Close was across an un-adopted road.

The Committee was asked to consider the evidence of use over a 20 year period from 1995 to 2015, as supported in the evidence forms. Other matters such as planning matters could not be considered.

The Order would be forwarded to the Secretary of State for determination by an appointed Inspector.

There had been 27 completed user evidence forms detailing use within the 20-year period, with some evidence of use dating back as early as 1960.

The Committee then had the opportunity to ask technical questions of the Officer, it was noted that the evidence contained within the witness forms submitted, was consistent.

Prior to the housing estate being built, the site was part of Manor Farm, and a route (possibly a private access to the Manor Farm buildings), located alongside the boundary of Rose Cottage, as per the Order route, could be seen on historic mapping.

For transparency, Cllr Britton noted that he lived in Porton and regularly walked past the site, however he was not affected by the proposals at all.

Clarity was sought on whether the Order recommendation could be changed by the Committee. The Officer explained that the Secretary of State would consider only the Order before them and if the Committee were minded to make any amendments to the Order, i.e. moving that part of the Order route A-B onto the Bourne Close roadway, clear evidential reasons for Wiltshire Council’s recommendation to the Secretary of State to confirm the order  with modification, must be provided.

If the Committee were minded to support the Order in full, then there could be an opportunity at a later date, following the determination of the definitive map modification order, to divert the footpath.

Members of the public then presented their views as detailed above.

Cllr Gould of Idmiston Parish Council spoke in Objection to the Order.

The parish council had no objection to there being a public path, however felt that section A to B provided little or no benefit to pedestrians, and would be a disadvantage to the landowner of that section of the proposed path. They felt that the route should remain on the surfaced route through Bourne Close.

The Vice Chairman of Idmiston Parish Council noted that Cllr Gould’s statement went far beyond the remit of what he had been asked to say by the Chairman.

The Unitary Division Member Cllr Mike Hewitt spoke in Objection to the proposed route, stating that he felt that the section of the Order route A to B should be moved to the surfaced route through Bourne Close, and points B to C should remain as per the Order.

He noted that there had been an attempt to make this path a Community Asset, which had been rejected, followed by an application to put a footway adjacent to the High Street at the southern edge of this land, which had been rejected by Highways.

He asked for the path to be put on the map at a better location than what was proposed, and that there was a purpose-built access by the river going into the park.

Cllr Westmoreland proposed the motion to support the Officers recommendation which was seconded by Cllr McLennan.

The Committee discussed the Order where it was noted that the report and the evidence provided by path users who had addressed the Committee, showed compelling evidence of public use of the Order route for a period of at least 20 years. Whether the proposed route was the best option could be debatable.

Resolved

That “The Wiltshire Council (Parish of Idmiston) Path no.9 Definitive Map and Statement Modification Order 2016”,  be forwarded to the Secretary of State for determination, with a

recommendation from Wiltshire Council that the Order be confirmed without modification.