Agenda item

To consider a report from the Director of Culture, Communities and Business Services, which asks the Committee to determine whether the available evidence is sufficient for public rights of way to be added to the Definitive Map in the parishes of Droxford, and Corhampton and Meonstoke.

The Committee considered a report from the Director of Culture, Communities and Business Services (item 6 in the minute book) regarding an application to record a bridleway in Droxford.

The officer introduced the item and summarised the history of the application as detailed in the report, confirming that the relevant period was between 1998 and 2008. The claimed route was shown on a diagram for the Committee and the different points were highlighted. The existing unused route to the north of Corhampton Road was also shown. Members were taken through the legal tests that applied, as well as the user evidence forms that had been received, of which there were 29 responses varying from 1-250 journeys per year across various parts of the route.

Whilst a ‘private’ sign had been erected, this had only been within the past few years and did not apply to the time period in question. It had been claimed that a gate had been installed for several months between 1991-1997, which again fell outside of the timeframe for the application.

The Committee received one deputation for this item. Stephen Whale spoke on behalf of a local resident, Mr Newhouse, and also as a local resident himself. Mr Whale highlighted paragraphs 30 and 31.1 in the report, which confirmed that there had been verbal exchanges with horse riders to inform them that the path was not a bridleway, and signs had been placed along various parts of the route and adjoining subsidiary paths. It had been reported that the signs were not clear enough to passers by, which Mr Whale disagreed with considering the commercial nature of the woodland.

During questions of the deputation, the following points were confirmed:

·         The proposed bridleway gave neighbouring residents concerns regarding privacy and also the increase in numbers of those using the path. Whilst there were no previous security incidents that caused concern, the height of people on horses meant it was easier to see into the grounds of adjoining properties;

·         In the 2018 to the officer objecting to the application, no photographic evidence of signs was provided;

·         Mr Whale disagreed that a sign simply stating ‘Private’ was inadequate;

·         The landowner was not obliged to stop all users of the path, but had to do a reasonable number and it was felt this had been done.

During questions of the officer, the following points were clarified:

·         The landowner could have taken more effective steps to prevent horse riders using the path by submitting a landowners deposit or having more effective signage during the period in question.

·         Due to the numbers that continued to use the path, it was apparent that verbal warnings were not effective and so further steps could have been taken.

In debate, Members agreed that there were areas of doubt and that a judgement had to be made on the evidence available, balancing the impact and reliability of anecdotal evidence.

RESOLVED:

1.         Authority was given for the making of a Definitive Map Modification Order to record:

                     i)        A Bridleway 9 feet in width, as shown between points A – B – C on the attached plan.

                    ii)        A Footpath, 9 feet in width, as shown between points F – G on the attached plan (extinguishing Path 37).

                   iii)        A Footpath 1.5 metres in width, as shown between points G – H on the attached plan.

2.         Authority was given to remove the limitations (gates) from the Definitive Statement of Droxford Footpath 1.

Voting

Favour - 15 (unanimous – both recommendations 1 and 2, which were voted on individually)