Agenda item

The Wiltshire Council Parish of Holt (Holt Path No. 71) Rights of Way Modification Order 2013

The Wiltshire Council Parish of Holt (Holt Path No. 72) Rights of Way Modification Order 2013

Appendix A - The Wiltshire Council Parish of Holt (Holt Path No. 71) Rights of Way Modification Order 2013 (Pages 35-38)

Appendix B - The Wiltshire Council Parish of Holt (Holt Path No. 72) Rights of Way Modification Order 2013 (Pages 39-42)

Appendix C - Decision Report Application 2012/07 (Holt Path No. 71) (Pages 43-66)

Appendix C(A) - Evidence Summary Application 2012/07 (Pages 67-70)

Appendix D - Decision Report Application 2012/08  (Holt Path No. 72) (Pages 71-96)

Appendix D(A) - Evidence Summary 2012/08 (Pages 97-98)

Appendix E - Objections to the Orders (Pages 99-112)

Public Participation

Karen Howe, on behalf of the Landowner Mr Harris, spoke in objection to the orders.

Mr Martin Moyes spoke in support of the orders.

Mr Rodney Moody spoke in support of the orders.

Mr Bob Mizen spoke in support of the orders.

The Rights of Way Officer presented a report on The Wiltshire Council Parish of Holt (Holt Path No. 71) Rights of Way Modification Order 2013, and The Wiltshire Council Parish of Holt (Holt Path No. 72) Rights of Way Modification Order 2013, recommending the orders be forwarded to the Secretary of State for Environment, Food and Rural Affairs with the recommendation the orders be confirmed.

The Committee was advised that orders were made where it was reasonably alleged, on the balance of probabilities, that a walking route existed, and that the period of alleged use ran from 1991-2011. As an objection had been received to the order, the matter was required to be determined by the Secretary of State, with the Committee to make a recommendation only, following consideration of all the available evidence.

Members of the Committee then had the opportunity to ask technical questions of the officer. It was confirmed there was no minimum use requirement on the suggested paths, and it was also stated that while aerial photographs were often useful considerations, weather, use, timing of photo, soil composition and other factors meant that it was possible for existing or well utilized routes to not be obvious.

Member of the public then had the opportunity to present their views to the Committee.

The Local Member, Councillor Trevor Carbin, then spoke in support of forwarding the orders for confirmation to the Secretary of State.

The Committee then discussed the process by which a determination would be made by the Secretary of State and the impact of the Committee’s resolution on the matter on that determination.

It was,

Resolved:

That the Wiltshire Council Parish of Holt (Holt Path No.71) Rights of Way Modification Order 2013 and the Wiltshire Council Parish of Holt (Holt Path No. 72) Modification Order are forwarded to the Secretary of State for Environment, Food and Rural Affairs for determination with the recommendation that the Orders be confirmed.