Agenda item

To consider the recommendation that Wiltshire Council should support the confirmation of the above Order by the Secretary of State for Environment, Food and Rural Affairs.

Public Participation

Lewis Ballin provided a statement in objection to the application.

Jack Edwards (Agent for Southgrove Farm) provided a statement in objection to the application.

Amy Richards provided a statement in objection to the application.

Rosie Pack provided a statement in support of the application.

Annabelle Roycroft provided a statement in support of the application.

Bill Riley (Applicant) provided a statement in support of the application.

Nigel Baybrook of Collingbourne Kingston Parish Council provided a statement regarding the application.

Sally Madgwick, Definitive Map and Highways Records Manager presented a report which recommended that The Wiltshire Council Grafton 29 (part), 29A, 30 and 31, Burbage 1 (part) and Collingbourne Kingston 34 Definitive Map Modification Order 2019 was submitted to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with the recommendation that the Order is confirmed as made.

Key details were stated to include the following: The Council had a statutory duty under Section 53 of the Wildlife and Countryside Act 1981 to keep the definitive map and statement under continual review and to make legal orders to correct it where errors where found. A basic premise in regard to highways was ‘once a highway, always a highway’. Evidence had been found that showed that a number of rights of way linking West Grafton with Collingbourne Kingston should be recorded as restricted byways. They were currently recorded as a mixture of footpaths and bridleways. A restricted byway was a public right of way for walkers, horse riders, cyclists and carriage drivers. There would be no right to use a mechanically powered vehicle on a restricted byway and it would be an offence to do so.

It had been found that the majority of the route was awarded to the public as a 40 foot wide Public Carriage Road in an Inclosure Award in 1792 and this was highly weighted evidence. This was the last legal event effecting the route. Maps, plans and documents had also been found which were consistent with the route being a public road. Evidence had also been discovered labelling part of the route as a road as far back as AD 961.

The order had received 2 representations of support and 2 objections. Due to the objections being received the Order would need to be sent to SoSEFRA for determination. The Council and SoSEFRA could only take into account objections that were relevant to the evidence, for example evidence of legal extinguishment of the public rights on the route. Landowners concerns, and objections related to management concerns which were not relevant to the determination of the Order could not be considered.

Representations to the Committee showed some misunderstanding, this process was about correctly recording the route. Currently one of the landowners permitted walkers to walk on a permissive route which it was stated would be withdrawn if the Order was confirmed. Permissive routes were between the landowner and the users of the route and not a matter for Wiltshire Council under section 53 of the Wildlife and Countryside Act 1981 and therefore were not relevant to the Committee’s decision.

Members of the committee then had the opportunity to ask technical questions of the officer. It was stated that in 1952 the route had been recorded as a footpath, but that did not extinguish the previous rights. If the Order was confirmed, there was a wholly separate legal process whereby the landowner could change the route to a footpath or bridleway. It was confirmed that in 2006 an Act of Parliament had extinguished the public right to use the way with a mechanically propelled vehicle. It was clarified that in 2026 all unrecorded historic rights on footpaths and bridleways could be extinguished which was why it would be risky to delay the determination. However, regulations giving further clarification were awaited. The awarded width of the route was 40 feet. 

In accordance with the procedure for virtual meetings public statements were then read out by the Democratic Services Officers, as detailed above, with any further statements included in Agenda Supplement 1 along with the committee presentation.

In response to public statements the officer stated that this was an evidence based procedure and if the Committee came to a decision contrary to officer recommendation they would need to state their reasons for doing so.

Cllr Mark Connolly proposed a motion that the Wiltshire Council Grafton 29 (part), 29A, 30 and 31, Burbage 1 (part) and Collingbourne Kingston 34 Definitive Map Modification Order 2019 be submitted to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with the recommendation that the Order was confirmed as made, as per the officer recommendation. This was seconded by Cllr Ian Blair-Pilling.

A debate followed where issues were raised. Cllr Stewart Dobson felt that there may need to be compromise on this occasion and that possibly this route was more suited to being a bridleway rather than a restricted byway. There may be issues with people using quad bikes or motor bikes on the restricted byway. It would also be detrimental if the landowner removed the permissive route for walkers. Other Councillors stated that the Committee needed to follow the laws applicable on this occasion and that there was no legal reason not to confirm the Order. This would also provide a safe route for walkers, cyclists and horse riders.

At the conclusion of the debate it was;

Resolved:

That the Wiltshire Council Grafton 29 (part), 29A, 30 and 31, Burbage 1 (part) and Collingbourne Kingston 34 Definitive Map Modification Order 2019 be submitted to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with the recommendation that the Order was confirmed as made.