Minutes:
Public Participation
· Mr Peter Gallagher (The Ramblers), spoke in opposition to the Order.
· Mr Bill Hughes (Ramsbury Manor Foundation Trustees), spoke in opposition to the Order.
· Ms Mary Askew (Ramsbury Estates Ltd.), spoke in support of the Order.
The Definitive Map Officer Craig Harlow introduced a report considering four objections to the application for the Wiltshire Council Parish of Ramsbury Path Nos. 5, 6 and 8C and Parish of Little Bedwyn Path No.20 Diversion and Definitive Map and Statement Modification Order 2024.
A comprehensive overview of the Modification Order was provided by the Definitive Map Officer, which included detail about the application routes, Wiltshire Council’s duty, the legal tests and the Order plans. He explained that the application had been submitted on 5 August 2022. The Applicant’s land was changing from arable to pastoral farming, so they felt that the proposed route would help to reduce potential conflict between the enjoyment of the footpath and livestock. Diverting the existing routes would also help to separate the users of the bridleway and vehicle access to the newly constructed development at Park Farm as well as to improve security at that development. It was explained that there had been 23 responses to an initial consultation on the proposals, 16 of which were in objection. After taking comments into consideration the Order was made on 10 January 2024.
Objections to the Order included that the proposed diversion would be longer, and substantially less convenient, than the existing route. Further concerns were that the diversion was being done purely for the personal convenience of the Applicant and would impact the view and sporting rights enjoyed over the land.
Attention was drawn to a late submission from the British Horse Society, as published in Agenda Supplement 1. The British Horse Society had raised objections to the Order on the grounds that the proposed diversion crossed a part concrete surface, had a narrower width than the existing route and that RAMS6 could potentially bring horses and riders into contact with shooting.
The Definitive Map Officer addressed each of the objections in turn. In response to concerns about the length and convenience of the new route, he referenced the Inspector’s findings about an Order in the parish of Calne Without. Although there had been a proportionately larger increase in the distance of the revised route created in Calne Without, the Inspector had concluded that it was likely to be used as part of a leisure journey, so was not substantially less convenient for users. The Definitive Map Officer concluded that, by nature of the proposed location of the subject Modification Order, a similar conclusion could be adopted in this case. He also noted that legislation allowed for compensation to be claimed for the loss of sporting rights caused by a Diversion Order and, in his opinion, the view would not be any worse than that from the existing route.
He reported that the Wiltshire Countryside Access Officer had accessed the surface of the proposed diversion and was satisfied that it had a grooved, gritted appearance that would be suitable for horses. Furthermore, there was no evidence that the diversion would lead to an increased risk of horses being in proximity to shooting. The Definitive Map Officer also he felt that the new route would have the benefit of adding a recorded width for the path.
In conclusion, the Definitive Map Officer felt that the proposed diversion would not be substantially less convenient for users and would not negatively impact enjoyment of the route. He was also satisfied that it would only have a minimal detrimental impact on land on or adjoining the rights of way. Therefore, he recommended that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with a recommendation from Wiltshire Council that the Order be confirmed without modification.
Members of the Committee then had the opportunity to ask technical questions of the Definitive Map Officer. Details were sought about whether it would be possible to add conditions relating to rights of way to the planning permission granted for the development at Park Farm. The Definitive Map Officer confirmed that it would not be possible to add conditions at this stage, as permission had already been granted for the development, but informatives or conditions could have been added if appropriate at the time the planning application was determined.
Members of the public then had the opportunity to present their views to the committee as detailed above.
The Unitary Division Members were not in attendance.
The Definitive Map Officer had the opportunity to respond to the points raised by the public.
So that the Committee had something to debate, the Chairman, seconded by Cllr Iain Wallis, proposed that the Definitive Map and Statement Modification Order 2024 was forwarded to the SoSEFRA with the recommendation that it be confirmed as made.
A debate followed where issues such as the separation of dogs and livestock as well as the suitability of hard surfaces for horses, were discussed. In response to queries about the potential impact on Curlew nesting, the Definitive Map Officer explained that he had consulted with the North Wessex Downs National Landscape, who had not raised concerns about this issue. It was noted that strong feedback had been provided when nesting sites had been identified in the past.
At the conclusion of the debate, it was:
Resolved
The Wiltshire Council Parish of Ramsbury Path Nos. 5, 6 and 8C and Parish of Little Bedwyn Path No.20 Diversion and Definitive Map and Statement Modification Order 2024, of forwarded to the SoSEFRA with the recommendation that it be confirmed as made.