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APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER FOR ADDITIONAL LENGTH OF PUBLIC FOOTPATH AT CASTLETT BANK, PARISH OF GUITING POWER REPORT OF THE COMMISSIONING DIRECTOR FOR COMMUNITIES & INFRASTRUCTURE 1. PURPOSE OF REPORT To consider the following application: Nature of Application: Additional public footpath Parish: Guiting Power Name of Applicant: Raymond Sheasby, Guiting Power Parish Footpaths Warden Date of Application: 28 September 2009 2. RECOMMENDATION That no order be made to add a public footpath, due to insufficient evidence 3. RESOURCE IMPLICATIONS Cost of advertising Order in the local press, which has to be done twice, is approximately £500 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 & EQUALITY IMPLICATIONS No sustainability or equality 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 1 Andrew Houldey, Asset Data Officer (PROW Definitive Map), Definitive Map Unit, Highway Records, Asset Data Team. Telephone Gloucester (01452) 328984 E-mail: [email protected] REPORT 7. DESCRIPTION OF PATH 7.1 A location map at scale 1: 10,000 is attached (numbered 1A) showing the position of the claimed path, which runs in a generally south-easterly direction along the top of the woods at Castlett Bank to join public footpaths HGP 6 and HGP 7. A more detailed plan at scale 1: 3,000 (numbered 1B) shows the claimed path between points A, B and C. The area of interest lies within Ordnance Survey Grid Square SP 0925. 7.2 The path was inspected on 26 February 2009, 11 March 2015, 22 October 2015 and 19 November 2015. 7.3 The claimed route from the unsurfaced county road 50574 (Sheep Hill to Barton Lane) at point A. When the path was inspected on 26 February 2009 the junction with the road at point A was obstructed by wire and impassable. The Ordnance Survey map of 1922 shows that it joined the road 50574 just to the south of the gate across the way where it leaves the woods at Castlett Bank. The road 50574 is unsurfaced and passes through two hand gates; it runs from Guiting Power village to the former Castlett Mill, crossing the stream by a ford and then continuing north to Castlett Farm. 7.4 The claimed route runs at the top of the woods known as Castlett Bank for approximately 380 metres from point A to point B. At point B the path crosses a now much dilapidated stone wall by a stone slab stile. The stone slab stile is still extant but much overgrown; the applicant supplied a photograph of the slab stile when it was less obscured by vegetation. When the path was inspected on 26 February 2009, there was an old wire stock fence immediately to the east of the slab stile which obstructed access to the claimed route. 7.5 The way then leaves the woods and passes over a pasture field to join public footpaths HGP 6 and 7 at point C. The distance between points B and C is approximately 290 metres. The footpath HGP 7 is separated from the field at point C by a stockproof sheep wire fence. The 1977 Ordnance Survey maps show a boundary here also; according to the applicant the claimed route formerly crossed this boundary by a kissing gate. The 1922 Ordnance Survey map shows HGP 7 as being open to the field. In the hedge immediately to the east of point C is another stone slab stile on footpath HGP 7, of a similar pattern to the one where the claimed route passes into the woods at Castlett Bank. 7.6 The obstruction of the path by fences at points A, B and C and the dense undergrowth within the wood between points B and C mean that passage along the claimed route is now difficult. 2 7.7 The claimed path is approximately 670 metres in length. 8. BACKGROUND 8.1 Morag Sloan, Clerk to Guiting Power Parish Council enquired on 22 November 2007 on behalf of the Parish Council regarding “certain well used but unofficial local footpaths [that] have been closed to the public” and asked about the process for making a claim. 8.2 An application pack was sent to Raymond Sheasby, a parish councillor, on 29 August 2008. 8.3 On 11 September 2008 Mr Sheasby forwarded the following to the County Council: (a) a public path evidence form completed by himself; (b) a 1923 Ordnance Survey map showing the claimed route which is annotated “F.P.” on the map; (c) a list of “residents of Guiting Power who have walked these paths for years” which included seventeen names; and (d) a letter from Roland Greenfield to the Parish Council dated 2 December 2007 8.4 The letter from Roland Greenfield states: “I have been approached by a member of your committee concerning our family’s use of certain footpaths since our coming to the village in 1986. I can confirm that we have used the following footpaths as indicated by the late Mrs Keith for local walks with our children: …. Path along the top of Castlett Bank at the bottom of the The Leasows, from the Sweet Escotts’ Garden, Moore Cottage, to the stone stile at the corner of The Leasows to two stone stiles in the hedge rows coming out at Castlett Farm’s new “Alternative track”. The emergence at this juncture has been obliterated at this time….” 8.5 Mr Sheasby’s letter of 11 September 2008 also included an annotated plan showing the route that he wished to claim. This ran along the top of Castlett Bank, crossed public footpath HGP 7 and then continued east to Moor Cottage. He indicated on the map that the footpath had been blocked at either end of the section through Castlett Bank woods and the position of stone stiles at the eastern end of Castlett Bank and at the junction of footpaths HGP 6 and HGP 7. 8.6 Mr Sheasby’s map and evidence form indicated that he then wished also to claim an additional section of path east from the junction with footpath HGP 7 to Moor Cottage on the road to Barton. 9. APPLICATION 9.1 An application was made on 17 March 2009 by Raymond Sheasby of 4 The Square, Guiting Power, Footpath Warden for Guiting Power Parish Council, for an additional length of footpath from Castlett Bank to the junction with footpaths HGP 3 6 and 7. The Form 1 (Form of Application) was dated 17 May 2009 and the Form 3 (Certificate of Notice) was dated 9 July 2009. 9.2 The application was received by the County Council on 10 July 2009; the applicant was informed that they would need to serve notice on the Guiting Manor Amenity Trust in addition to Mr S Forbes. A revised application form and service of notice was received on 28 September 2009 and the application was accepted as being duly made on 1 October 2009. 9.3 Notice was served by the applicant on the landowners: Mr S Forbes, Cotswold, Tally Ho Lane, Guiting Power, Gloucestershire and The Guiting Manor Amenity Trust, The Estate Office, The Square, Guiting Power, Gloucestershire, GL54 5UR. Mr Forbes has subsequently moved to Castlett Mill Farm, Barton Lane, Guiting Power. 9.4 A total of 11 public path evidence forms, completed by 11 named individuals, were submitted in support of the application. A summary of these evidence forms can be found at appendix 1C and a chart showing length of use can be found at 1D 10. LANDOWNERS’ EVIDENCE The woodland at Castlett Bank (section A to B of the claimed path) is owned by the Guiting Manor Amenity Trust and the field (B to C of the claimed path) is owned by Stephen and Judith Forbes. 10.1 Mr Stephen and Mrs Judith Forbes, Castlett Mill Farm, Guiting Power The Forbes have owned the land in question since 1997, purchasing it from Mr K Wyatt. They have lived at Castlett Mill Farm since 2010. They commented on the application on 19 October 2015, noting that the way is not included on their Land Registry entry “There was, and is still visible, an old stock fence and wire running along the boundary to Castlett Wood [point B]. It is evident this was in place long before we purchased the land from Mr K Wyatt in 1997. He informed us in 2009 that he was not aware of any footpath, and consulted his solicitor about the matter. He said he had turned a blind eye to people walking off the footpath (D to E [HGP 6]), but only around his arable field 5532 (there was no access through to the now farmyard) as he had no stock at this site”. “The attack and death of sheep on the bank from uncontrolled dogs escaping over the river was reported to the police, and they recommended we should put up signs on the path D to E [HGP 6], as stated in the Countryside Act, asking to people to keep their dogs under control when livestock is grazing the stubble turnips.

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