Committee Report NSC

North Somerset Council

 

 

REPORT TO THE RIGHTS OF WAY SUB COMMITTEE

 

Date of Meeting:                 13 December 2005

 

Subject of Report:            NORTH SOMERSET COUNCIL DEFINITIVE

                                                   MAP AND STATEMENT MODIFICATION

                                                   ORDER NO 1 2002 (Public Rights of Way

                                                   At Yadley Way and Yadley Lane,

                                                   fullers Lane and Eastwell Lane,

                                                    wINSCOMBE

 

Town or parish:                                   Winscombe

 

Officer/Member presenting:          Elaine Bowman

 

Key Decision:                                         No

 

RECOMMENDATIONS

 

That the Committee authorises the withdrawal of the Council’s objection and so ensures that the question of byway status is not raised.

 

1.                Summary of Report

 

To determine whether the Committee wish their objection, in respect of the section locally known as “Muddy Lane”, as part of the proposed modifications to the above Order, to be dealt with by Written Representation or a Public Inquiry.

 

2.                Policy

 

The maintenance of the Definitive Map contributes to Corporate aims 2 “enhancing health and well-being” and 3 “protecting and improving the environment”.

 

3.                Details

 

A report was presented to the Public Rights of Way Sub Committee on 19 July 2005 informing the Committee that the Inspector, who presided over the Public Inquiry for this matter, proposed to modify the order, so that all references of Byway Open to all Traffic were replaced with Bridleway.

 

At that meeting the Committee resolved that the Council should object to the amended Order in respect of the section known as Muddy Lane, shown between D – E on the attached plan.  Based on the knowledge of local persons, the claimed use of this section was questioned due to the muddy conditions and obstruction by trees and vegetation.  The modified order was advertised in the Weston Mercury on 19th August 2005 where the objection period ended on 16th September 2005.  The Council’s objection was made on the 24th August 2005, the Council’s objection was the only one received by the Planning Inspectorate.  A letter was also submitted to the Planning Inspectorate from Winscombe Parish Council stating that they supported the Council’s objection.

 

As the Council objected to the amended Order the Planning Inspectorate are asking whether the Council’s wish to adopt the written representations procedure or whether we wish to exercise our right to being heard at an Inquiry.

 

A point to be recognised is that if the Committee decide to proceed with this matter and elect to ask for a further Public Inquiry, that this will allow others to introduce further information which may lead to the Inspector changing his view and reopening the claim that these routes should be Byways open to all Traffic.

 

Another option for the Council to consider is whether it wishes to maintain its objection on the grounds that there is so much mud on the southern leg of Yadley Lane that it would have been next to impossible for significant user to have occurred.  If it so wished, the Committee could elect to withdraw their objection accepting that the section locally known as Muddy Lane is recorded as a bridleway.  This would preclude the possibility of the question of byway status being raised again.

 

4.                Consultation

 

The Council were required to notify any landowner, statutory undertaker, and other persons who were served with a copy of the Order.

 

5.                Financial Implications

 

The cost of dealing with this matter by Written Representations or Public Inquiry will need to be met by the Council.  The last Public Inquiry incurred costs in the region of £6200 plus substantial officer time, however, it should be noted that this included hiring an external barrister.

 

6.                Equality Implications

 

All rights of way are available for the population as a whole to use and enjoy and are free at point of use.

 

7.                Corporate Implications

 

The changes to the network will be reflected on the GIS system which forms the basis of the relevant corporate records.

 

8.                options considered

 

There are three options available to the Council. 

 

1)                 To confirm to the Planning Inspectorate that the Council wishes to proceed with their objection to this proposed modification by Written Representations

2)                 To confirm to the Planning Inspectorate that the Council wishes to exercise its right of being heard at a Public Inquiry

3)                 To withdraw the objection made by the Council

.

Author

 

Elaine Bowman

Modification Order Projects Officer

Tel: 01934 888802

 

Background Papers - Modification Order File Mod 05