Issue - meetings

To consider a report from the Director of Culture, Communities and Business Services, regarding an application to record two byways open to all traffic as bridleways, both of which fall within the Parish of Buriton.

Application for a Definitive Map Modification Order to record Byways Open to All Traffic (BOAT) 19 & 47 as bridleways. Parish of Buriton

The Committee considered a report from the Director of Culture, Communities and Business Services (item 10 in the minute book). It was confirmed that the main issues for determination centred around discovery of additional evidence and whether it was new and of sufficient substance to meet the legal tests.

The Committee received a deputation from Tricia Newby on behalf of Buriton Parish Council and there was question over the use of the word ‘road’ in historical documents, which the deputee stated did not necessarily mean vehicular access like it would imply today. If it did have such access then it was felt that would have been maintained as a highway. It was also alleged by the deputee that recently discovered Parish minutes from the 1930s were not considered as part of the evidence, which quoted it as a bridleway.

During questions of the deputation, the following was asserted:

• When evidence was gathered, the Parish minutes from the 1930s were not reviewed;
• A letter sent in from the Parish to the County Council in 1950 confirming the one of the routes was vehicular was done so in error, without having all the facts to hand;
• In the 1980’s/1990’s, there were no objections to both routes being reclassified from RUPPs to BOATs.

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

• It was considered that minutes dating from the 1930s had been considered as part of the evidence, as minutes dating from an earlier period had been referred to;
• Downgrading the routes could be appealed if not done for the correct reasons using case law and legislative framework;
• The minutes from the 1930s were not considered ‘new’ evidence as it was held that they had been readily available throughout investigations.

RESOLVED:

The application to record Byways Open to All Traffic (BOAT) 19 & 47 as bridleways was refused.

Voting:

Favour: 13
Against: 1

Abstentions: 1