Agenda item

To consider objections and representations received following the making and advertisement of “The Wiltshire Council Trowbridge Path no.8 Definitive Map and Statement Modification Order 2021”.

Public Participation

Steve Wylie spoke in objection of the application.

Andrew May was unable to attend the meeting, therefore Democratic Services Officer Ben Fielding read out a statement that had been provided prior to the meeting in support of the application.

Senior Definitive Map Officer, Janice Green presented a report which had the purpose to consider objections and representations received following the making and advertisement of “The Wiltshire Council Trowbridge Path no.8 Definitive Map and Statement Modification Order 2021”. The report recommended that “The Wiltshire Council Trowbridge Path no.8.Definitive Map and Statement Modification Order 2021” be forwarded to the Secretary of State for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were clarified, including that the fence within the portion of land subject to the Order would require removal if it was found to be an obstruction of the highway, however this would depend on the findings of the Secretary of State regarding the width of the path and its status . It was explained that the current barrier was erected under the Highway Authority’s powers to erect barriers in the highway to safeguard users, under Section 66 of the Highways Act 1980 and there is evidence that the opening of Church Lane as a through route to vehicular traffic has long been a concern. The Highway Authority’s duty to safeguard users of the path continues if the path is upgraded to a bridleway, but of course any barrier would need to be appropriate for a bridleway at the full width. The current barrier would be removed and replaced with an appropriate barrier at the same time in order to protect non-motorised users. As this would be an operational decision, it would be made by the Head of Service for Highways or the Rights of Way team

Additionally, it was clarified that the Order proposes to  upgrade the footpath to a bridleway, rather than a byway open to all traffic and that the legal public use for this would only be on  horseback, with bicycles and foot. Details were sought regarding the private rights of residents to use Church Lane in order to access their properties and it was explained by officers that private rights had not been investigated as there was no duty to do so.  Any person  driving down Church Lane would be doing so to access the properties along Church Lane, not to  use the highway as a through route.  The barriers in place do not allow motor vehicles to connect from Church Lane to Acorn Meadow.

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

The local Unitary Member, Councillor David Vigar, then spoke regarding the application. Key points included concerns from residents that the barrier might be removed and then not replaced, causing Church Lane to be a through road which would be dangerous for pedestrians. As it was not directly addressed in the report, Councillor Vigar sought assurance that the there would be no immediate intention to remove the barrier without replacing it. It was clarified that the barrier historically was likely to have been authorised to be erected in 1962 to safeguard non-motorised users.  The Council consider that the need to safeguard non-motorised users continues  and there is currently no reason for the Council  to remove the barrier. If the route is confirmed to be bridleway by the Secretary of State any  replacement barrier would need to be of a particular design to suit equestrian and cyclist use  whilst not allowing motorists through. Regarding the removal of the fence that narrows the width of the piece of land, it was clarified that if installed, the bridle gate would be required cover the full width of the bridleway to prevent  vehicles from attempting to drive around the barrier.

A debate then followed including the need to follow government guidance regarding the installation of the barriers if the order was confirmed by the Secretary of State.

A motion to move and accept the proposal was moved by Councillor Ernie Clark and seconded by Councillor Bill Parks.

At the conclusion, it was,

Resolved:

That “The Wiltshire Council Trowbridge Path no.8.Definitive Map and

Statement Modification Order 2021” be forwarded to the Secretary of State for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

The meeting was adjourned at 4:01 pm and resumed at 4:08 pm.