Agenda item

To consider a report from the Director of Culture, Communities and Business Services regarding an application for a MMO in Swallowfield and Bramshill.

The Committee considered a report from the Director of Culture, Communities and Rural Affairs regarding an application for a Map Modification order in the Parishes of Swallowfield and Bramshill.

The officer introduced the item and gave Members an overview of the history behind the application, which was supported by relevant location plans and elevation photos looking along the routes marked in the plans. A historical sale plan from 1952 had also been provided, which showed the route in question being excluded as part of a land sale, which was thought to be due to it being a public path, separate to the surrounding estate.

The routes in both County areas were being taken by Hampshire County Council, and it was explained that the route had existed for a very long time. The widths had to be recorded as accurately as possible, and the earliest and most reliable source was that of Ordnance Survey mapping from the late 19^th century. Evidence of use dating back to the 1960s was also discussed, with the majority of access being on horseback. It was confirmed that the width listed in the recommendations should be 13.7 metres, as opposed to 13 metres.

There were four deputations for this item. Nicola Greenwood, Amanda Smith and Richard Smith all spoke in favour of the application as regular users of the routes. Hugh Craddock also spoke in support of the application on behalf of the British Horse Society. Mr Craddock confirmed that he had in the past been warned that the ford was not suitable to be crossed in a vehicle, but had never been denied access.

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

• The entire route (A-D) had been used by both Nicola Greenwood and Amanda Smith for many years
• Vehicles had never been encountered on the route, but one had previously been witnessed being towed away.

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

• A fence had been erected along one section of the route, and the historical width recorded may affect the alignment of the fence, but no other alterations were anticipated.
• The test for making an order was whether it could be ‘reasonably alleged’ that the route was public. Upon the making of the order it would be publicised and could be objected to, which would require it to be referred to the Secretary of State for decision.
• The width was something that had to be recorded accurately using evidence and not something that could be negotiated.

Members agreed that there appeared to be sufficient evidence to support the order being made, and that an Advisory be added to the decision made for Traffic Regulation Order be established by Wokingham Parish Council restricting vehicle access across the ford.

RESOLVED:

a. Authority was given for the making of a Definitive Map Modification Order to record a byway open to all traffic varying between 7.9 and 13.7 metres in width, on the route shown between A – B on the location map.

b. Authority was given for the making of a Definitive Map Modification Order to record a restricted byway varying between 7.7 and 13.7 metres in width, on the route shown between B – D on the location map.

Voting:
Favour: 14
Abstention: 1