Agenda item

To consider the objections received to the making of The Wiltshire Council Durnford 4 (Woodrow) Rights of Way Modification Order 2016 made under Section 53 of the Wildlife and Countryside Act 1981.

The Rights of Way Officer introduced the Wiltshire Council Durnford 4 (Woodrow) Rights of Way Modification Order 2016 made under Section 53 of the Wildlife and Countryside Act 1981. It was recommended that the Order is forwarded to the Secretary of State for Environment, Food and Rural Affairs for determination with the recommendation that the Order be confirmed without modification.

In 2005 Wiltshire Council received an application to record the right of way Durnford 4 (Woodrow) as a byway open to all traffic. The application relied on historical evidence which showed that although the route was currently recorded as a bridleway it had a higher status and should be so recorded.

After investigating the evidence, Officers’ agree that Durnford 4 (Woodrow) was an ancient carriageway and road and that the definitive map and statement should be altered accordingly.

The report found that the route had ancient origins and was awarded as a Public Carriageway and Driftway leading from Durnford towards Winterbourne Dauntsey by an Award arising out of an Act of Parliament in 1793.

It was considered that any rights for the public to use the way with mechanically propelled vehicles (MPVs) was extinguished by Act of Parliament in 2006.  Accordingly, the route may not now be recorded as a byway open to all traffic and should be recorded as a restricted byway instead.

The public had a right to pass and re-pass along a restricted byway on foot, on horseback or leading a horse, on a cycle or with a horse drawn vehicle (e.g. pony and trap).  There was no right for the public to use the way with an MPV though anyone using the way for access to property retains a private right to do so with an MPV.

The parish council, applicant, local people and the landowner had not objected to the Order however, two objections had been received from other members of the public. A recommendation from the Council was required to accompany the Order when submitted to the Secretary of State Environment, Food and Rural Affairs for           determination.

Members of the Committee then had the opportunity to ask technical questions of the Officers, it was noted that access of a non vehicular type would remain, and those living in the neighbouring properties would continue to be able to use it for access.

The Unitary Division Member; Cllr Mike Hewitt then addressed the Committee stating that if four wheel drive vehicles were permitted to use the track for off road pastimes then the condition of the track would deteriorate. Three properties had already been flooded along the road due to mud which had been loosened on the track.

Cllr Mike Hewitt moved approval, in line with the Officers recommendation; this was seconded by Cllr Chris Devine.

The Committee discussed the application, noting that although the pictures included in the presentation showed existing tyre marks, these were from the residents in the neighbouring properties who used the track for access.

Resolved:

That “The Wiltshire Durnford 4 (Woodrow) Rights of Way Modification Order 2016” is forwarded to the Secretary of State for the Environment, Food and Rural Affairs for determination with the recommendation that the Order be confirmed without modification.