Agenda item

To consider two representations and two objections received to the making of The Wiltshire Council Parish of Whiteparish Path No. 41 Rights of Way Modification Order 2017 made under Section 53 of the Wildlife and Countryside Act 1981.

It is recommend that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs and that Wiltshire Council supports the confirmation of the Order as made.

Public Speakers

Andrew Lax spoke in support of the Order

Cllr Trevor King, Chairman of Whiteparish Parish Council spoke in objection to the order.

The Rights of Way Officer, Sally Madgwick introduced the report which set out the Whiteparish Path No. 41 Rights of Way Modification Order 2017. It was recommended that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs and that Wiltshire Council supports the confirmation of the Order as made.

It was noted that there was already a public footpath in this area, which was well maintained. The suggested path had been featured on the internet on a walking website. There had been evidence from users, who claimed to have used the route without permission, with no force or secrecy. The period of use for consideration was 1992 – 2012. There were no signs to inform people to keep out. The parish council had always regarded it as a permissive path, however no reference from the parish minutes had been forthcoming to support this claim.

Members of the Committee then had the opportunity to ask technical questions of the Officer, it was noted that the committee were able to vote to either support of not to support the Order, however there would need to be supporting evidence not to support it.

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

The Parish raised the point that there would be no reason to expect to see any reference in the parish minutes to the path, when it had always been private land with a permissive path. Before this application came forward, there had been no reason to discuss Mean Wood.

The Unitary Division Member, Councillor Richard Britton then spoke, noting his frustration with the way the legislation disadvantages the land owner. Adding that after many years of free use by the public to enjoy particular locations, with seeming ease, a group of members of the public can put together evidence of use over a period and the land owner has no way to stop this. T

He felt that the fact that there was nothing in the minutes, echo’s that the land owner did nothing to stop the use. The members of the parish council did not need to record this in the minutes or discuss it.

Suggesting that maybe parish councils ought to minute any routes that seem as permissive, and make the land owners aware of it.

Cllr Britton chose to defer making a motion to the Chairman.

The Chairman, noted that there may be little value in debating the issue, unless Members could produce some substantial evidence. He then moved the motion to support the order in going forward to the Secretary of State for approval.

This motion was seconded by Cllr Mike Hewitt.

A debate then followed, where it was raised that there was a Rights of Way Act that lets people use paths like these.

The Committee then voted on the motion to support the Order as made.

Resolved

To support the Whiteparish Path No. 41 Rights of Way Modification Order 2017 as made and forward it to the Secretary of State for Environment, Food and Rural Affairs.