Agenda item

To receive details of the following Rights of Way report:

Wiltshire Council parish of Baydon path 2 (part) and path 11 (part) diversion order and definitive map modification order 2013.

(See Agenda Supplement 1).

Public Participation

Mr Bernie Gribble spoke in objection to the application.

Mr Colin Philips spoke in objection to the application.

Sally Johnson spoke in support of the application.

Mr Michael Wood spoke in support of the application.

Mr Tony Prior spoke in support of the application.

Mr Peter Gallagher spoke on behalf of the Ramblers Association in objection to the officer’s recommendation.

Local Member Cllr Sheppard spoke in objection to the application.

Sally Madgwick, Rights of Way officer (RWO), outlined the officer’s report which recommended the Wiltshire Council Parish of Baydon Path 2 (part) and Path 11 (part) Diversion Order and Definitive Map Modification Order 2013 is sent to the Secretary of State for Environment, Food and Rural Affairs and that Wiltshire Council takes a neutral stance in the proceedings.

The RWO outlined the description of the existing routes and the proposed changes highlighted on page 12 of the agenda, focusing in particular on the planned development that would obstruct the paths, which had been granted planning permission. The applicant had supplied an alternative route and agreed to pay costs relating to the order. The RWO stated that the application must be considered by the inspectorate. The RWO proceeded to outline the evidence in support and objection to the order, and detailed the implications of the order with regard to the width of the new path and the surface area.

No technical questions were asked.

Members of the public were given the opportunity to address the Committee as detailed above.

The meeting was adjourned for 2 minutes whilst the Chairman consulted with Mr Neil Weeks, the legal representative from Wiltshire Council.  

Cllr Sheppard spoke as the local member for the application and spoke in support of the Officers recommendation. Cllr Sheppard supported the new route and noted the old route was dangerous for horse riders especially in winter.

The RWO responded to comments made by the public on the obstruction of Baydon path 11, noting that the applicant had made an application to divert the route from the obstruction but the two applications had to be handled separately with the planning application taking priority, as such the current application had to be taken first.   

The Committee then entered debate on the order which focused on the Baydon 11 path obstruction. The committee asked if the two applications could be submitted to the Secretary of State together. The RWO advised the committee that the law does not allow two applications at a time as each application has to stand wholly on their own.

A suggestion was made that the community get together to discuss the problem and create a statement of common grounds. The committee was advised that that would delay the process meaning the application would have to come back to the committee. It would be quicker to go to the Secretary of State and have a community meeting in the mean time, at the end of the debate, the Committee:

Resolved

To forward the Wiltshire Council Parish of Baydon Path2 (part) and Path 11 (part) Diversion Order and Definitive Map Modification Order 2013 to the Secretary of State for Environment, Food and Rural Affairs for determination, with the recommendation that Wiltshire Council takes a neutral stance.