Agenda item

To consider two objections and three representations relating to an Order to add two lengths of restricted byway and upgrade to restricted byway lengths of footpaths Ramsbury 9B and 44 and Mildenhall 16 to the definitive map and statement for the area.

Public Participation

·       Mr Alan Woodford – spoke in favour of the application

·       Mr Peter Gallagher (The Ramblers’ Association) – spoke in favour of the application

The Definitive Map and Highway Records Manager introduced a report recommending supporting confirmation of the Wiltshire Council Ramsbury 9b, 44, 71&72 and Mildenhall 16 Definitive Map and Statement Modification Order 2022. Under the proposals, the Order would be modified to correct the recording of the width of part of the route affecting Mildenhall path no.16 (points F to G on the Order plan).

The Manager outlined the background to the case, reporting that Wiltshire Council had received an application to modify the definitive map and statement in 2018. As they had not investigated within a year of receiving the application, they were directed by the Secretary of State for Environment Food and Rural Affairs to determine the application, which they did in April 2022. The Order was advertised in accordance with Schedule 15 of the 1981 Wildlife and Countryside Act (the Act).

The Manager explained that as objections had been received and the Order required modification, Wiltshire Council was required to send the Order to the Secretary of State for Environment, Food and Rural Affairs for determination. The legal test to be applied to confirm an Order is that it is shown on the balance of probability (i.e. it is more likely than not) that a public right subsists. She highlighted that there was a large volume of historical evidence dating back to 1717 and that all the available evidence had been included in the agenda pack. 

She also clarified that there was an error in the proposal as listed on page 24 of the agenda pack and that the date of the Order should be listed as 2022, rather than 2023.

The Committee were then invited to consider two objections and three representations made under Section 53 of the Act to the Definitive Map Statement and Modification Order, as detailed in the report. They were asked to decide whether to support, or object to the Order when it was sent to the Secretary of State.

Members of the Committee then had the opportunity to ask technical questions of the Manager.

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

So the Committee had something to debate, the Vice-Chairman, seconded by Cllr Wheeler, proposed that support be given to the Definitive Map and Statement Modification Order confirmation for the reasons outlined in the Manager’s recommendations.

A debate followed where Members explained that they welcomed the proposal and that it promoted access to the countryside. In response to queries about whether bollards could be installed to prevent access by motor vehicles, the Manager confirmed that the Council had powers under Section 66 of the Highways Act 1980 to install bollards where necessary for the purpose of safeguarding persons using the byway. It was then:

Resolved

That The Wiltshire Council Ramsbury 9b, 44, 71 & 72 and Mildenhall 16 Definitive Map and Statement Modification Order 2022 is confirmed with the Order modified as follows with regards to widths:

Part 1 of Schedule:

Mildenhall 16 (part) “Width from F to G where bounded by two solid lines and ranging from 4.7 metres to 6.0 metres on the Ordnance Survey County Series 1:2500 map Sheet 29.15 printed in 1886 additionally where not bounded by solid lines on both sides width to be defined by the brown track colouring in Wiltshire Council’s highway record.

Part 2 of Schedule:

Mildenhall 16 Width modified to “Width 0.3 to 2.4 metres except for Restricted Byway Section where ranging from 4.7 metres to 6.0 metres as delineated by two solid lines on the Ordnance Survey County Series 1:2500 map Sheet 29.15 printed in 1886 and where not bounded by two solid lines as defined by the brown track colouring in Wiltshire Council’s highway record”.