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Regulatory Board COMMONS AND RIGHTS OF WAY COMMITTEE 24 OCTOBER 2005 AGENDA ITEM: APPLICATION FOR A MODIFICATION ORDER TO UPGRADE PART PUBLIC FOOTPATH GGK 30 AND PUBLIC FOOTPATH GGK 40 TO A BRIDLEWAY, PARISH OF GORSLEY AND KILCOT JOINT REPORT OF THE EXECUTIVE DIRECTOR: ENVIRONMENT & COMMUNITY AND THE HEAD OF LEGAL AND DEMOCRATIC SERVICES 1. PURPOSE OF REPORT To consider the following application: Nature of Application: Upgrade Footpaths to Bridleway Parish: Gorsley and Kilcot Name of Applicant: Gorsley and Kilcot Parish Council Date of Application: 22nd April 2004 2. RECOMMENDATION (a) That no Modification Order be made to upgrade part of public footpath GGK 30 or the whole of public footpath GGK 40 to a bridleway (b) That a Modification Order be made to upgrade part of public footpath GGK 30 and the whole of public footpath GGK 40 to a byway open to all traffic 3. RESOURCE IMPLICATIONS Average staff cost in taking an application to the Committee- £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 1 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 CONTACTS Miss Sarah K Ellis, Public Rights of Way and Definitive Map Team, Network Improvement Unit, Environment Department. Telephone (01452) 425576 E-mail: [email protected] Janet Smith, County Legal Services. Telephone (01452) 425095 E-mail: [email protected] REPORT 7. DESCRIPTION OF PATH 7.1 A location map at scale 1: 10,000 is attached (numbered …A) showing the position of the claimed path near Kilcot Wood. The area of Kilcot Wood lies in the Parish of Gorsley and Kilcot approximately ¾ mile north-east of the village of Aston Ingham. The Parish of Gorsley and Kilcot was created from part of Newent Parish on 7th December 1999. The claimed Bridleway runs from road 50284 and starts approximately 130m east of Oak House. The area of interest lies within Ordnance Survey Grid Square SO 6924. 7.2 A small scale map of the Kilcot Wood area at 1: 1,250 scale is attached (numbered …B). This map shows the claimed path by a broken dashed black line between points A and point C. 7.3 A set of photographs is attached (numbered …C) showing the claimed path, which were taken on 7th May 2004 shortly before the application was made. Another set, taken on 16th August 2005 show the claimed route at each end. (numbered …D). 7.4 The claimed Bridleway leaves unclassified public road 50284 off Kilcot Green approximately 130 metres east of Oak Cottage at point A at Ordnance Survey Grid Reference SO 6931/2468 and runs in a generally easterly direction for approximately 30 metres to point B at OSGR SO 6933/2467 and continues in a generally south south-westerly direction for approximately 135 metres to its boundary with Aston Ingham in the County of Herefordshire and unclassified public road U70221 at point C at OSGR SO 6927/2455 approximately 35 metres north north-east of Rose Cottage. The claimed path is approximately 4 to 10 metres wide and has a natural stone/mud surface. Many young saplings have grown up over the width of the path, but the boundary is referenced between a hedge and an earth bank. A ‘No Horses or Cyclists’ sign is noticeable on a post which connects to GGK 40. The post points along public footpath GGK 41. This was erected in summer 2003. 2 7.5 The total length of the claimed path is 165 metres. 8.0 BACKGROUND 8.1 Peter Maunder, Area Rights of Way Officer for North forest visited Mr Jones of Rose Cottage on 28th August 2003. This was regarding the footpath, which runs close to his house (the footpath stops north of Rose Cottage at the stream). Mr Jones had been having trouble with motorbikes using the footpath and also horses. During this meeting, a lady was seen riding her horse from GGK 40 to the Herefordshire Class 5 road. Peter Maunder stopped the lady and informed her that she was riding on a public footpath. The lady replied that she had thought she had a right to ride there as she had done so for many years previously and had not been stopped before. Peter Maunder suggested that she make an application for a Modification Order to upgrade the footpaths. 8.2 On 10th November 2003, local rider and Parish Council member, Jenny Carling contacted public rights of way to enquire about the Modification Order Process. An information pack was sent out together with a map and request for the exact routes of interest to be marked. 8.3 A meeting was set up between Sarah Ellis and Peter Maunder of Gloucestershire County Council (GCC), Jenny Carling and Barry Sleet of Gorsley and Kilcot Environment Group (GKEG) and Pat Milsom and Chris Dennis, both local riders (LR) on 8th January 2004. The group walked through the footpaths in Kilcot and Spring Wood, including the footpath GGK 40. GKEG and the LR expressed a desire to upgrade footpaths to bridleways and to add bridleways in order to create a safe off road route for horse riders between May Hill and Queens Wood, Dymock. They believed that GGK 40 almost certainly carried public rights higher than that of footpath and were keen to apply to get this section of footpath, linking two class five roads, upgraded to a public bridleway. 9 APPLICATION 9.1 An application for a Modification Order to upgrade part of public footpath GGK 30 and the whole of public footpath GGK 40 to a bridleway was received by Gloucestershire County Council from Gorsley and Kilcot Parish Council on 22nd April 2004. The application was considered duly made. 9.2 Mrs Highton, of Gorsley and Kilcot Parish Council described the application as ‘up-grading to a bridleway the footpath GGK 40 from junction with road 50284 called Stony Lane, Kilcot to road south of Rose Cottage. It was supported by 9 public path evidence forms. A summary of these is attached (numbered …E) 10.0 LANDOWNERS LETTERS All the landowners adjacent to the track were consulted by letter on 2nd March 2004. Their comments are as follows: 3 10.1 Mr G Jones, Rose Cottage Mr Jones first contacted Public Rights of Way on 24th February 2004. The letter was addressed to Peter Maunder, Area Rights of Way Officer for North Forest and stated that he was ‘extremely concerned that various local residents appear to be going to request that the public footpath is upgraded to a bridle path’. Mr Jones raised the issue of the surface of the track. He wrote ‘you may recall that the footpath is in a very poor state, for most of the year the path is impassable to walkers, this is the direct result of horses and motorbikes churning up the surface’. He commented on the use of the track and said that ‘surely the fact that the public footpath has been illegally 1 used as a bridle path for many years is irrelevant’. In his letter, Mr Jones also wrote that ‘any change of status would have a detrimental effect on our property, may affect its value and appeal and we may seek legal advice’. Mr Jones also sent Gloucestershire County Council a copy of a letter that he sent to Herefordshire County Council on the same date. He explained the location of his property and said that it was ‘clear that the property straddled a disused road and it is only since we took up residence that we fully appreciate the ramifications of this’. He made it clear that both he, and previous owners maintained the grassed area between the front door and forest boundary and requested that ‘the road be terminated at our boundary so that we are afforded the opportunity to upgrade the surface to a more suitable surface and secure the boundary of our property’. On 27th March 2004 a landowner evidence form was received from Mr Jones regarding the recent Modification Order Application. In his evidence form Mr Jones agreed that the claimed route adjoins his land. He did not believe that any rights higher than footpath status had been acquired. He had been aware of the public using the way on horseback through evidence of ‘hoof prints, droppings and degradation to paths’. Mr Jones stated he had not been asked for, or given, permission for people to use the way on horseback. A lady on horseback had been turned away from the path by Peter Maunder (this was in 2003) when visiting Mr Jones to discuss the path. Mr Jones stated that he erected a notice on the public footpath signs but did not give any details of what they read.
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