REGULATORY BOARD COMMONS AND RIGHTS OF WAY PANEL 18 SEPTEMBER 2003 AGENDA ITEM: 6 APPLICATION FOR A MODIFICATION ORDER FOR AN ADDITIONAL LENGTH OF BRIDLEWAY BETWEEN BRIMSCOOMBE WOOD AND SCRUBBETT'S LANE, SOUTH OF CONYGRE WOOD, NEWINGTON BAGPATH PARISHES OF KINGSCOTE AND OZLEWORTH JOINT REPORT OF THE EXECUTIVE DIRECTOR: ENVIRONMENT AND THE HEAD OF LEGAL AND DEMOCRATIC SERVICES 1. PURPOSE OF REPORT To consider the following application: Nature of Application: Additional bridleway Parishes: Kingscote and Ozleworth Name of Applicants: Ben Harford and John Huntley Date of Application: 7 May 2002 2. RECOMMENDATION That a Modification Order be made to add the length of claimed bridleway to the Definitive Map. 3. RESOURCE IMPLICATIONS Average staff cost in taking an application to the Panel- £2,000. Cost of advertising Order in the local press, which has to be done twice, varies between £75 - £300 per notice. In addition, the County Council is responsible for meeting the costs of any Public Inquiry associated with the application. If the application were successful, the path would become maintainable at the public expense. 4. SUSTAINABILITY IMPLICATIONS No sustainability implications have been identified. 5. STATUTORY AUTHORITY Section 53 of the Wildlife. and Countryside Act 1981 imposes a duty on the County Council, as surveying authority, to keep the Definitive Map and Statement under continuous review and to modify it in consequence of the occurrence of an `event' specified in sub section [3]. Any person may make an application to the authority for a Definitive Map Modification Order on the occurrence of an `event' under section 53 [3] [b] or [c]. The County Council is obliged to determine any such application that satisfies the required submission criteria in accordance with schedule 14 of the Act. 6. DEPARTMENTAL CONTACT Mr Andrew Houldey, Highway Records Section, Network Improvement Unit, Environment Department. Telephone Gloucester (01452) 425522 E-mail: [email protected] Janet Smith, Senior Lawyer, County Legal Services. Telephone Gloucester (01452) 425095 E-mail: [email protected] REPORT 7. DESCRIPTION OF PATH 7.1 A location map is attached (numbered. 6..A) showing the position of the claimed path at Newington Bagpath. The hamlet of Newington Bagpath is approximately 3 miles east of the town of Wotton under Edge, and lies within the parish of Kingscote. The claimed footpath runs from the County Highway 51455 known as Scrubbett's Lane in a generally westerly direction to connect with bridleway NKS 31. The path lies mostly within the parish of Kingscote but partially within the parish of Ozleworth. Newington Bagpath was a separate parish until 1935 when it was added to Kingscote parish. The area of interest lies within Ordnance Survey Grid Square ST 8093. 7.2 A large scale map of the Conygre Wood- Scrubbett's Lane area at 1: 2500 scale is attached (numbered. (6.B). This map shows the claimed path by a solid black line from point A through points B, C and D to point E. 7.3 The claimed bridleway leaves road 51455 at point A at Ordnance Survey Grid Reference ST 808933. At the time of inspection (17 May 2002), the path passed through a closed and padlocked metal field gate at point A. The path runs in a westerly direction between a stone wall on the north and a fenced off area of animal pens on the south for approximately 43 metres to a second gate at point B that gives access to this agricultural yard. The path then continues in a westerly direction for approximately 31 metres to another gate beside a small stone barn or stock shed at point C. The path then runs across open pasture land from point C to point D (a distance of approximately 300 metres) and then to a metal farm gate at point E (a distance of approximately 250 metres), where it joins with public bridleway NKS 31. Ordnance Survey maps and user evidence indicate that there had formerly been another gate at point D, where the claimed path crossed a field boundary depicted on the Ordnance Survey editions of 1923 and 1978. The total length of the claimed path is 640 metres. 7.4 Although the claimed path is marked on Ordnance Survey maps as a physical feature, the line of the path is undefined on the ground, running over permanent pasture land from the western end through to the agricultural building and old rickyard at ST 8076 9329. It is claimed by the applicants that a hard stone track exists under the surface, and this contention is supported by aerial photographs on which the claimed path appears to show as a physical feature. There is some evidence of slope grading at the western end of the claimed path between points D and E, although the landowners assert that this is part of a hunt jump. The claimed path is partially surfaced with stone and suitable for vehicular use from the barn and old rickyard at point C to the junction with Scrubbett's Lane at point A. 8. BACKGROUND 8.1 The whole length of the claimed path runs across property belonging to David and Fionna Cardale of Lower Cranmore, Shipton Moyne, Gloucestershire. They purchased the land in 2000 from Mr Sage, the then owner of Scrubbett's Farm. 8.2 The land crossed by the claimed path was associated with Ozleworth Park from at least the late eighteenth century until 1947. When the Ozleworth Estate was sold in 1947, the land was purchased by the sitting tenant of Scrubbett's Farm, Mr Sage. The Sages had been tenants since 1934. 8.3 The land seems to have been in agricultural use from the eighteenth century until it was incorporated into the planned landscape of Ozleworth Park by Sir John Rolt around 1865. To the north of the claimed path public bridleway NOZ 2 /NKS 31 joins Scrubbett's Lane close to the property now known as Brock Hill House, but formerly as the Lodge. This building, initialled and dated "JR: 1865", was built as a new East Lodge for Ozleworth Park. At this time a new drive to Ozleworth Park was laid out, following the course of an existing track, which is now marked by the course of bridleway NOZ 2 / NKS 31. 8.4 Before 1849, Conygre Wood extended further to the south, over land now crossed by the claimed path. According to map evidence the southern outline was reduced between 1849 and 1882, although the mature trees now lying outside the wood would, on the evidence of the 1882 Ordnance Survey map, seem to have been retained as a parkland feature. The claimed path may have come into existence as a physical feature during this period, perhaps as a secondary eastern approach to Ozleworth Park. It is also possible that the path originated as a farm track leading to the barn and rickyard that adjoin Scrubbetts Lane, allowing movement of hay, straw and animals to and from the barns on either side of Scrubbett's Lane to Bagpath Down. The claimed path is shown as a track on the 1902, 1920 and 1970s Ordnance Survey large scale maps. 8.5 The portion of land over which the claimed path runs has been subject to an Environmentally Sensitive Area agreement with DEFRA as Improved Permanent Grassland since 1994. Before the farm was divided up and sold to different buyers in 2000, the land subject to the claim was permanent pasture used for suckling beef cattle and formerly for pig rearing. 8.6 An application was made to Cotswold District Council in May 2002 by the present landowners, the Cardales, to build a country house, at a point between D and E, roughly on the course of the claimed path. This application was made under Planning Policy Guidance Note 7- the Countryside, Environmental Quality and Social Development (1997) in which the Government published a set of criteria to encourage the creation of individual country houses in their own landscape setting. The application was refused as was a revised application in July 2003. A local public inquiry to hear the appeal against the first application is scheduled for January 2004. This application for a Palladian villa has been controversial locally and has led to public meetings and the setting up of a website opposing the proposal. 8.7 Although this planning application is not a factor that should be considered by Panel Members, they should be aware of it as much reference is made to the application by both parties in their submissions concerning this path. In addition, the mistaken belief that claiming a public right of way across the site of the proposed country house would somehow delay or prevent the granting of planning permission seems to have been the original spur for this Modification Order application, details of which appeared on the Cotswolds Against the Country House Explosion website. 9. APPLICATION 9.1 On 1 May 2002 an application was made jointly by Mr Reuben Harford of Ashcroft House, Kingscote and Mr John Huntley of Boxwell Court, Boxwell, Gloucestershire for a length of bridleway to added to the Definitive Map. This claimed path runs westerly from Scrubbett's Lane to connect with bridleway NOZ 2. Notice was served on the landowner affected by the application Mr David Cardale of Lower Cranmore, Shipton Moyne. The application was found not to be duly made as the claimed route was not marked on the map accompanying the application form. The forms were returned to the applicant for re-submission. The application was resubmitted correctly on 3 May 2002 and acknowledged by Highway Records on 7 May 2002.