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Agenda Item 2 Agenda Item 2 COMMONS AND RIGHTS OF WAY COMMITTEE 13 APRIL 2005 AGENDA ITEM: APPLICATION FOR A MODIFICATION ORDER TO UPGRADE PARTS OF FOOTPATHS HBW 11 AND HBW 8 TO BRIDLEWAYS SALMONSBURY MEADOWS, PARISH OF BOURTON ON THE WATER 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: Upgrade Footpaths to Bridleways Parish: Bourton on the Water Name of Applicant: Mrs C E King Date of Application: 23 September 2004 2. RECOMMENDATION That a Modification Order be made to upgrade the existing footpaths to bridleways. 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 Page1 3 Created by Neevia Document Converter trial version http://www.neevia.com Created by Neevia Document Converter trial version obliged to determine any such application that satisfies the required submission criteria in accordance with schedule 14 of the Act. 6. DEPARTMENTAL CONTACT Andrew Houldey, Modification Orders Officer, Definitive Map Unit, Public Rights of Way Section, 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 at scale 1:10,000 is attached (numbered ….A) showing the position of the claimed bridleway between Moors Lane, Bourton on the Water and the bridge over the River Eye. The claimed route lies within the parish of Bourton on the Water. The claimed path is approximately 2¾ miles south south-west of the town of Stow on the Wold. The area of interest lies within Ordnance Survey Grid Square SP 1721. 7.2 A large scale map of the Salmonsbury area at 1: 2500 scale is attached (numbered ….B). This map shows the claimed bridleway by a broken and crossed black line between points A-B-C-D. Other existing footpaths are shown by bold dashed lines and existing bridleways by a crossed continuous line. The claimed route runs from Road Used as a Public Path (RUPP) HBW 9 at point A in a generally south-east and then north-easterly direction to connect with public bridleway HBW 10 at point D. It is approximately 580 metres in length. 7.3 The claimed path connects with Road Used as a Public Path (RUPP) HBW 9, known as Moor Lane at point A and forms part of existing public footpath HBW 11 to point B. The claimed route continues as footpath HBW 8 across Salmonsbury Meadows, which is now a Gloucestershire Wildlife Trust Nature Reserve. When footpath HBW 8 reaches the bridge over the River Eye at point D it becomes bridleway HBW 10. On crossing the parish boundary into Wick Rissington at point F the path continues as public bridleway HRW 7. The whole of the claimed route forms part of the signposted Oxfordshire Way, which runs from Henley to Bourton on the Water. 7.4 The route was inspected on 5 July 2004 and on 23 March 2005. HBW 9 is a wide track enclosed by hedges on both sides, surfaced with rough stone, and used by vehicles to Moors Farm. A signpost on the right hand side of the track, as you look north, reads “No through road Private Access to Moor Farm only” Page2 4 Created by Neevia Document Converter trial version http://www.neevia.com 7.5 HBW 11 is the continuation of HBW 9 as a public footpath. Signs on a wooden post at the junction with HBW 9 (point A) indicate Moor’s Farm to the left, Lakes and Wyck Rissington to the right. Also on the post is a blue marker arrow that reads “Oxfordshire Way bridleway”. The route between points A and B varies in width between approximately 2.4 and 3.2 metres, unsurfaced, and is enclosed by hedges on either side. The claimed route continues to a crossroads where HBW 11 crosses public footpath HBW 8 (at point B). 7.6 HBW 8 is at right angles to HBW 11. There is a rough handmade metal sign at the junction of the paths (point B), signposted to the left “Wyck Rissington” and “OW” and straight on for “Lakes”. A twelve-foot (3.66 metre) metal farm gate allows access to path HBW 8. At the time of inspection in July 2004 the gate was chained, the chain being held in place by a nut and bolt which was easy to undo. When the path was inspected in March 2005, the gate was chained and padlocked. Next to the gate is a metal kissing gate. The path then continues from point B east over two fields, both of which form part of the Salmonsbury Meadows Nature Reserve. The path is unenclosed as it crosses over the fields; the width of the path that has been used here is between 2 and 2.2 metres. Going from one field into the other, the path crosses a druffway [track laid over a drain or watercourse] of a width of 3.2 metres at point C. At this point is a 15- foot (4.54 metre) metal gate, which was propped open in July 2004 and closed (but not locked) in March 2005. Beside the metal gatepost is a length of post and rail fencing crossed by a stile. 7.7 As the path approaches the River Eye and becomes bridleway HBW 10 at point D it crosses the river and the adjacent marshy ground by a recently renewed long wooden plank bridge. The bridge is accessed at each end by four-foot wide (1.22 metre) hand gates with a bar to allow riders to open the gate from horseback. Two parallel lengths of post and rail fencing enclose the section between the two gates; the width of this bridge varies between 1.32 metres (52”) where the route crosses the river and 1.12 metres (44”) on the causeway approaching the bridge. The bridge itself is of plank construction sitting on railway sleepers over a metal girder. The abutments are of stone and concrete. 7.8 A complaint was received by the County Council about the condition of the bridge at point D in August 2002, caused by cattle straying onto the bridge damaging the deck boards. Paul Hackman of English Nature gave permission for works to take place on 28 August 2002. Work was carried out on the bridge by Gloucestershire County Council in 2002-03, including new decking boards and handrails. 7.9 It is understood from the applicant that the long footbridge, which marks the boundary between the end of the public footpath and the start of the public bridleway, was formerly wider. The present bridge was built c.2003 and is both longer and narrower than its predecessor. According to another witness, Mrs Jane Davis, there were no hand gates at either end of the previous bridge. This is consistent with the statement that cattle had managed to get onto the bridge in 2002. Concerns have been expressed by several of the witnesses that it is now no longer possible to ride a horse across this bridge; it is however possible to lead a horse over the bridge. Page3 5 Created by Neevia Document Converter trial version http://www.neevia.com 7.10 The path continues east from point D as a bridleway across two fields to the parish boundary where it becomes bridleway HRW 7 at point F. Where bridleway HBW 10 crosses the field boundary and watercourse at point E, there is a five-foot (1.52 metre) hand gate tied with a chain and openable. On both sides of the gate is a sign reading “This gate must be kept closed”. Next to the handgate is a narrow plank footbridge, suitable for pedestrians, with a metal handrail and a squeeze stile at each end. On the footbridge is a blue direction arrow that reads “Oxfordshire Way, bridleway”. The bridle path HBW 10 continues unenclosed across the next field to a bridge over the River Dikler at point F. This river is crossed by a 2.5 metre wide railway sleeper bridge on stone and concrete abutments. Next to the bridge, on the Bourton side, is an old gatepost. The path continues east from here as a bridleway (HRW 7) to Wick Rissington. Where the path meets the road in Wick Rissington village there is a metal finger post which reads Public Bridleway. Adjacent to the gates is a blue Oxfordshire Way indicator arrow. 8. BACKGROUND 8.1 The Definitive Map of Public Rights of Way is annotated to show that the length of footpath between points B and D was subject to a claim for upgrading to a bridleway on 31 October 1973 (file number 573/10/8) and that this length of path was also the subject of an instigated claim by Gloucestershire County Council (undated, file number 573/11/35(2)), in order to investigate what was seen as the anomaly of a length of footpath connecting two lengths of highway of higher status (in this case a Road Used as a Public Path and a bridleway).
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