Agenda item

To:

(i) Consider the one statutorily made objection to The Wiltshire Council Parish of Brixton Deverill Path Nos 1,2 and 16 Diversion and Definitive Map and Statement Modification Order 2024.

(ii) Recommend 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.

Public Participation

·       Mr Kevin Abraham, representing the Open Space Society, spoke in objection to the Order.

·       Ms Belinda Stewart-Cox spoke in support of the Order.

·       Cllr Jamie Fagan, Chairman of Upper Deverills Parish Council, spoke in support of the Order.

The Definitive Map Officer, Craig Harlow, introduced a report considering one objection to the Parish of Brixton Deverill Path Nos 1, 2, and 16 Diversion and Definitive Map and Statement Modification Order 2024.

A comprehensive overview of the Modification Order was provided by the 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 by the landowner on 26 January 2024 to resolve long standing obstructions to the publicly recorded rights of way. After engagement with the landowner, who had been providing alternative routes across their land, there was a public consultation on the proposed diversions. The consultation was held between 25 July and 30 August 2024 and received widespread support. The Legal Diversion Order was made on 18 November 2024, and a subsequent statutory consultation received a single objection from the Open Spaces Society.

The officer addressed the two points of concern raised by the Open Spaces Society, both of which related to Parish of Brixton Deverill Path 2. The first point raised concerns that the tests required under Section 119 (1) of the Highways Act 1980, including those relating to safety, convenience and amenity, had not been met. The second point stated that Wiltshire Council had not considered all of the options available to them, or the landowner, before making the Order.

In relation to the first point of objection, the officer was satisfied that the tests required by the Highways Act 1980 had been met. He highlighted that guidance had been published in August 2023 by the Department for the Environment and Rural Affairs (DEFRA) advising authorities to be predisposed to make diversion Orders where the existing route went through private gardens, farmyards and curtilages. The guidance advised that the interests of the occupier should be weighed against the impact of the proposal on the public as a whole. Parish of Brixton Deverill Path 2 currently ran through the landowner’s private garden and was blocked by a well-established hedge, so clearly impacted on their privacy and security.

In relation to the second point of objection, the officer stated that all of the options available to Wiltshire Council had been considered. Wiltshire Council had been in consultation with the landowner, including about an alternative diversion route. The landowner, and several members of the public, had made it clear that they preferred the Order in front of the committee to the alternative option discussed.

In conclusion, the officer felt that the proposed diversion would benefit the safety and privacy of the landowner; it would not be substantially less convenient for users and would not negatively impact enjoyment of the route. 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 officer. Details were sought on changes to the proposed width of the paths. It was clarified that it was not uncommon for existing paths not to have a recorded width. In such circumstances, officers would be guided by historical documents and physical evidence.

It was noted that one of the options available to the committee was to forward the Order to the SoSEFRA with modifications, so it was asked whether the objector had identified a modification to the route. The officer confirmed that no alternative route had been identified. He reiterated that no objections had been received about the Parish of Brixton Deverill Path Nos 1, and 16.

In response to a question about whether any accessibility gates would be added to the route, it was stated that two self-closing gates would be installed on the Parish of Brixton Deverill Path No 16. Gates on the bridleway would have long handles so that they could be easily accessed by horse riders. There would also be a hard surface installed, which would improve accessibility. Countryside access officers would consult with the landowner to ensure that the surface was appropriate.

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

The unitary division member, the Chairman, then spoke to say that he was content to submit the Order to the SoSEFRA without modification.

The officer then had the opportunity to respond to the points made by the public and unitary division member.

In order to begin debate, Cllr Jonathon Seed, seconded by Cllr Pip Ridout, proposed that the Order be submitted to the SoSEFRA without modification.

A debate followed where issues such as potential safety issues caused by diverting the route through a farmyard close to a storage barn, were discussed.

Several members expressed frustration at the amount of officer time and expense incurred by bringing the Order to committee when there had only been a single objection during the statutory consultation phase. Members debated whether it would be beneficial to add a note to the letter to the SoSEFRA to advise that the process be reviewed.

In response to queries it was stated that the process was set down in statute including the Highways Act 1980. However, it would be possible for parts of the process, relating to Wiltshire Council’s internal procedures, to be reviewed.

Some members noted that they would like to receive further information before writing to the SoSEFRA, but they were keen to improve the efficiency of the process within the council.

At the conclusion of the debate, it was:

Resolved

That the Order be forwarded to the SoSEFRA with a recommendation from Wiltshire Council that the Order be confirmed without modification.