Agenda item

To consider the recommendation that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with a recommendation from Wiltshire Council that the Order be confirmed without modification.

Public Participation

Ms Susannah O’Brien, landowner, spoke in objection to the application

Mr Timothy O’Brien spoke in objection to the application.

Mr Alan Woodford spoke in support of the application. (Mr Woodfords statement was read by the Democratic Services Officer as Mr Woodford was isolating due to COVID-19).

Ms Carolyn Davis spoke in support of the application.

Mr Norman Beardsley, Wiltshire Bridleways Association, spoke in support of the application.

Cllr John Hetherington, Ogbourne St Andrews Parish Council spoke in support of the application.

Craig Harlow, Definitive Map Officer, Rights of Way & Countryside presented a report which recommended that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with a recommendation from Wiltshire Council that the Order be confirmed as made.

The officer explained that the Order had been made under Section 53 of the Wildlife and Countryside Act 1981 to record a public bridleway in the parish of Ogbourne St Andrew.

Slides were shown to the meeting with photos and maps showing the route. The route formed a natural link between two existing rights of way and was requested by Ms Carolyn Davis. One of the photographs shown was of the entrance to the route from OSTA6 and showed that there was no gate present. The officer explained that a gate had been added after the Order was applied for.

Representations and objections were detailed by the officer as follows:

·       31 user evidence forms had been submitted claiming use of the route.

·       13 of those users claimed to use the route on horseback or bicycle.

·       26 users claimed to use the route on foot.

·       1 objection had been received from the affected landowner.

The key legislation was summarised by the officer, as detailed in the agenda report. It was highlighted that evidence was key to the process. There was evidence to show that the route had been used for over 20 years and it was important to note that the desirability, the environment, need, privacy concerns or health and safety were irrelevant for the application under section 53 of the Wildlife and Countryside Act 1981. Only the evidence could be considered.

The officer explained that there was a conflict in the evidence provided by the landowner and the users of the route.

13 users claimed to have used the route on horseback or bicycle. The officer explained that there were no set number of users required for an order to be confirmed. The number of people using the route in this way seemed to be a reasonable expected use due to the rural nature of the route and the low population in the area. There was evidence to suggest that it had been used as a route for a full period of 20 years.

There was no evidence to suggest that during that period there had been no intention to dedicate the route as there was no evidence of signs being put up. The landowner stated that people using the route had been challenged but those using the route without permission stated that they had never been challenged.

The officer explained that as an objection had been received to the Order, the Order could not be determined by Wiltshire Council. The Order would need to be determined by SoSEFRA at a planning inquiry, where the evidence could be tested. However, Wiltshire Council could make a recommendation and the options before the committee were to recommend that the Order be confirmed as made, confirmed with conditions, to take a neutral stance or not to confirm. Taking into account the evidence on the balance of probabilities, the officer recommendation was that Wiltshire Council recommend to SoSEFRA that the Order be confirmed as made.

There were no technical questions from Members.

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

The Chairman proposed that “The Wiltshire Council Parish of Ogbourne St Andrews Path No 38 Definitive Map and Statement Modification Order 2020” was forwarded to the SoSEFRA with the recommendation that it be confirmed as made, as per the officer recommendation on page 42 of the agenda. This was seconded by Cllr Brian Mathew.

A debate followed where Members stated that the pandemic had highlighted the need for people to get out and exercise and have access to the nature and the countryside. It was

Resolved:

That “The Wiltshire Council Parish of Ogbourne St Andrew Path No.38 Definitive Map and Statement Modification Order 2020” be forwarded to the SoSEFRA with the recommendation that it is confirmed as made.