Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/014
Letter requesting Written Permission from the landowner to allow Inspector access to the land
Letter granting Written Permission from the landowner
Information Classification: CONTROLLED
Document CC WCA 583/014
Environment Service: Countryside Access Team
Mail Merge Directory
Definitive Map Modification Orders
The Cornwall Council (Addition of a Footpath at Wheal Friendly in the Parish of St Agnes) Modification Order 2020
Legislation WILDLIFE & COUNTRYSIDE ACT 1981 SECTION 53 File Number WCA 583 Path/Location Addition of a FP at Wheal Friendly, St Agnes CP Process Stage SUBMISSION TO SECRETARY OF STATE: LIST OF LANDOWNERS RECEIVING LETTERS REQUESTING WRITTEN PERMISSION FOR INSPECTION Produced On 2 October 2020
END OF LIST
Page 1 of 1 Information Classification: CONTROLLED
«ADDRESS_LINE_ONE» «ADDRESS_LINE_TWO» «ADDRESS_LINE_THREE» My ref: CAT/ /SOS/WCA/583 «ADDRESS__LINE_FOUR» Date: 2 October 2020 «ADDRESS_LINE_FIVE»
«ADDRESS_LINE_SIX» «POST_CODE»
Dear «SALUTATION»,
Submissions to the Secretary of State in respect of Definitive Map Modification Orders Made by Cornwall Council
The Cornwall Council (Addition of a Footpath at Wheal Friendly in the Parish of St Agnes) Modification Order 2020
Permission of Landowners to allow the Appointed Inspector access to land
St Agnes CP
Cornwall Council is required to submit the abovementioned order to the Secretary of State for determination. There is an objection to the order that is still outstanding after the Council attempted a process of resolution. In the case of the order in question Cornwall Council considers that the points of issue are matters of evidence related to the alleged subsistence of the right of way described in the order. In these circumstances it is most likely that the Secretary of State will decide that the order is most expediently determined by way of Written Representations or a Local Public Inquiry.
As part of the documentation required by the Planning Inspectorate Cornwall Council must supply evidence that affected landowners give their permission for the Inspector appointed by the Secretary of State to determine the order to gain access to land in their ownership that does not form part of an existing public highway.
It is usual for the Inspector to make an unaccompanied site inspection prior to any Hearing or Public Inquiry. It is then usual for a further accompanied site inspection to be carried out either after the close of the Inquiry or Hearing or during an adjournment of the proceedings. The Inspector will explain how any accompanied site inspection is to be conducted during their opening remarks on the day of the Inquiry or Hearing.
Cornwall Council | Konsel Kernow 4A Pydar House, Pydar Street, Truro, Cornwall TR1 1XU E: | T: 0300 1234 100 www.cornwall.gov.uk Information Classification: CONTROLLED
In the event that a Definitive Map Modification Order is determined by Written Representations then almost invariably an unaccompanied site inspection by the Inspector will be the only visit undertaken.
I attach copies of a pro-forma to facilitate the process of granting permission. I would be grateful if you would complete one copy of the pro-forma and return it. You should complete the other copy of the pro-forma at the same time and retain it for your own records.
Because the evidence of permission granted by affected owners is a necessary part of the submission documents, I would be grateful if you could respond at your earliest convenience so that the submission may be sent to the Planning Inspectorate without any undue delay. The Planning Inspectorate no longer permits the Council to assume that no response means that you have no objection to such a visit and by implication consent to allow the Appointed Inspector access to your land, so if I do not hear from you, I will be required to contact you again.
I look forward to hearing from you.
Yours sincerely Dhywgh hwi yn hwir
Senior Countryside Access Records Officer Environment Service E-mail: Tel: 0300 1234 202
Information Classification: CONTROLLED
«ADDRESS_LINE_ONE» «ADDRESS_LINE_TWO» «ADDRESS_LINE_THREE» «ADDRESS__LINE_FOUR» «ADDRESS_LINE_FIVE» «ADDRESS_LINE_SIX» «POST_CODE»
SUBMISSION TO THE SECRETARY OF STATE
DOCUMENT CC WCA 583/014
The Cornwall Council (Addition of a Footpath at Wheal Friendly in the Parish of St Agnes) Modification Order 2020
FILE REFERENCE WCA 583
PERMISSION FOR THE INSPECTOR APPOINTED BY THE SECRETARY OF STATE TO ENTER LAND
[I am a landowner][We are landowners] whose land is affected by the provisions of the abovementioned Definitive Map Modification Order. [I][We] hereby give permission for the Inspector appointed by the Secretary of State to determine the order to enter land in my ownership for the purposes of determining the order.
PRINT NAME: …………………………………………………………………………………………………
SIGNED: ………………………………………………………………………………………………..
DATED:
PRINT NAME : …………………………………………………………………………………………………
SIGNED: ………………………………………………………………………………………………..
DATED:
Information Classification: CONTROLLED
Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/015
Name and Address of Applicant Information Classification: CONTROLLED Cornwall Council – Environment Service Countryside Access Team
Document CC WCA 583/015
NAME AND ADDRESS OF THE APPLICANT DETAILS IN RESPECT OF:
The Cornwall Council (Addition of a Footpath at Wheal Friendly in the Parish of St Agnes) Modification Order 2020
St Agnes Parish Council 17 Vicarage Road St Agnes Cornwall TR5 0TL
Signed: Dated: 19 October 2020 Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/016
Confirmation that the Order Making Authority supports the opposed part of the Order
Information Classification: CONTROLLED Cornwall Council – Environment Service Countryside Access Team
Document CC WCA 583/016
CONFIRMATION THAT THE ORDER MAKING AUTHORITY SUPPORTS THE ORDER IN RESPECT OF:
The Cornwall Council (Addition of a Footpath at Wheal Friendly in the Parish of St Agnes) Modification Order 2020
I hereby confirm that the Cornwall Council, as Order Making Authority supports the Order.
Signed: Dated: 19 October 2020
Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/017
Details of the time and place where documents relating to the order will be made available for public inspection
Information Classification: CONTROLLED Cornwall Council – Environment Service Countryside Access Team
Document CC WCA 586/017
DETAILS OF TIME AND PLACE WHERE DOCUMENTS RELATING TO THE ORDER WILL BE AVAILABLE FOR PUBLIC INSPECTION IN RESPECT OF:
The Cornwall Council (Addition of a Footpath at Wheal Friendly in the Parish of St Agnes) Modification Order 2020
I hereby confirm that documents relating to the Order will be available for public inspection, during current office hours Mon -Wed 9AM–12PM (excepting Public and Bank Holidays) at the offices of St Agnes Parish Council at the following location:
17 Vicarage Road St Agnes Cornwall TR5 0TL
And online at the Cornwall Council website: https://www.cornwall.gov.uk/environment/countryside/definitive-map-and- statement/submissions-to-the-secretary-of-state-dmmo/
Signed: Dated: 19 October 2020
Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/018
Completed Health and Safety Questionnaire
Information Classification: CONTROLLED Cornwall Council Version of H & S Questionnaire X:\WCA\WCA CASE FILES\WCA 500-599\WCA 583 St Agnes CP\[16] WCA 583 SUBMISSION TO SEC OF STATE\[2] WCA 583 ELECTRONIC SUBMISSION [PI]\WCA 583_018 H&S QUESTIONNAIRE.docx Last printed 20/10/2020 12:45 PM
Document CC WCA 583/018
In Respect of Determination of:
The Cornwall Council (Addition of a Footpath at Wheal Friendly in the Parish of St Agnes) Modification Order 2020
Health and Safety at the Site Questionnaire The Inspector will visit the site and will need to know what safety equipment and protective clothing to bring. The following questions indicate the type of information the Inspector will need about the site. Please supply any additional information on a separate sheet of paper.
1. Is the site uneven or does it present any other known risks? Is special footwear or any other Personal Protection Equipment required? This route is a narrow footpath across uneven ground with several sections of steps. This would require suitable footwear for outdoor terrain.
2. Is there any likelihood of exposure to pets or other animals which may present a risk to the safety of the Inspector? No. The route, or access to it, does not cross a field. Part of the route is in a small section of woodland.
3. Is the site remote and/or can it be seen from other highways or rights of way? The site is not remote & links St Agnes to Trevaunance Cove. Sections of the site are not visible from highways.
4. Does the site have a good mobile phone signal or is there easy access to a public telephone should the emergency services be required? The mobile phone signal is relatively good and there are numerous occupied properties nearby the claimed route in the event of an emergency.
CC Version of PINS Document [Revised 12 January 2011 RS] Page 1 of 2 Information Classification: CONTROLLED Cornwall Council Version of H & S Questionnaire X:\WCA\WCA CASE FILES\WCA 500-599\WCA 583 St Agnes CP\[16] WCA 583 SUBMISSION TO SEC OF STATE\[2] WCA 583 ELECTRONIC SUBMISSION [PI]\WCA 583_018 H&S QUESTIONNAIRE.docx Last printed 20/10/2020 12:45 PM
5. Is the right of way easily accessible? Will arrangements for access by the Inspector need to be made in advance? At the last inspection the right of way was open and accessible along its entire length.
6. Are there any dangerous pieces of equipment or substances stored at any point along the right of way? To the best of the Council’s knowledge no dangerous equipment or substances are stored at any point along the right of way at the time of submission.
7. If there is any other relevant information which the Inspector should be aware of that is not covered in this questionnaire?
END OF DOCUMENT
Dated 19 October 2020
CC Version of PINS Document [Revised 12 January 2011 RS] Page 2 of 2 Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/019
Secretary of State’s Letter of Dispensation (Paragraph 3(4) Schedule 15 of the Wildlife & Countryside Act 1981) for those parts of the Order where the landowner was unknown
3A Eagle Direct Line: 0303 444 5226 Temple Quay House Customer 0303 444 5000 2 The Square Services: Bristol Fax No: BS1 6PN e-mail:
Cornwall Council Your Ref: LE/CAT /WCA/583
By email Our Ref: PINS 1/79/22 Date: 14 February 2020
Dear
WILDLIFE AND COUNTRYSIDE ACT 1981 – SECTION 53 Cornwall Council Proposed Modification of the Definitive Map of Public Rights of Way by the Addition of a Public Footpath at Wheal Friendly in the Parish of St Agnes
I am directed by the Secretary of State for the Environment, Food and Rural Affairs to refer to your letter of 14 February 2020 requesting dispensation concerning the service of notice on owners and occupiers in respect of the above.
It is noted that, despite your extensive enquiries, you have not been able to ascertain the ownership of the land in question. In these circumstances and in accordance with paragraph 3(4) of Schedule 15 to the Wildlife and Countryside Act 1981, the Secretary of State hereby directs that it is not necessary for your Council to serve notice on the owners and occupiers of the land over which the Order path(s) run as required by paragraph 3(2)(b)(i). Your Council's attention is drawn to the requirements in paragraph 3(4) regarding the manner in which the notice should be addressed and displayed.
Should the above Order be submitted to the Secretary of State for determination in the future would you please ensure that a copy of this letter is enclosed with the necessary documentation.
Yours faithfully
Rights of Way Section The Planning Inspectorate
Your ref: Rights of Way Section Our ref: LE/CAT/ /WCA/583 Planning Inspectorate Please ask 3/25 Hawk Wing for: Senior Countryside Access Temple Quay House Records Officer 2 The Square Date: 14/02/2020 Temple Quay Bristol BS1 6PN
Dear ,
Proceedings under Paragraph 3(4) of Schedule 15 of the Wildlife & Countryside Act 1981; Seeking Dispensation from the Secretary of State in respect to Notice of a Definitive Map Modification Order
Proposed Modification of the Definitive Map of Public Rights of Way by the Addition of a Public Footpath at Wheal Friendly in the Parish of St Agnes
Introduction
The Purpose of this letter is to seek dispensation from the Secretary of State in respect of the serving of notice of a Definitive Map Modification Order. Cornwall Council as the Order Making authority is unable to comply with sub-paragraph (2)(b)(i) of Schedule 15 of the Wildlife & Countryside Act 1981 as it has been unable to identify the owner of all the land affected by the proposed order. Therefore, the Council requests a direction from the Secretary of State under paragraph 3(4) of the Schedule 15 to the above Act to serve notice of the order impersonally for that part of the affected land where the owners and occupiers of the land over which the Order routes run are unknown.
Background
An application for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 was submitted to Cornwall County Council in 2013.
Reports were presented to Cornwall Council’s Modification Order panel under delegated powers on the 24th July 2019 & 31st January 2020. The panel supported Cornwall Council’s recommendation that an Order should be Made to add a Public Footpath over the claimed route.
Pydar House, Pydar Street Truro, Cornwall TR1 1XU Tel: 0300 1234202 www.cornwall.gov.uk
Details of the Proposals
Enclosed is a copy of the draft Modification Order that should give sufficient details of the revision to the definitive map by the addition of a public right of way. The areas of unknown ownership are over the section of land between Points A-B on the Order Plan.
A copy of the Land Registry Map Search shows the section of the Order route with no registered owner.
Conclusion
I hope that the above information will be sufficient for your needs. I look forward to receiving the necessary dispensation from the Secretary of State in due course.
Yours sincerely
Senior Countryside Access Records Officer Environment Service
Tel:
Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/020
Extract of Definitive Map and Statement
CORNWALL COUNTY COUNCIL
PUBLIC RIGHTS OF WAY
NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949
COUNTRYSIDE ACT 1968
WILDLIFE AND COUNTRYSIDE ACT, 1981
REVISED STATEMENT
CARRICK DISTRICT
Parish of ST AGNES
Relevant date for the purpose of this revised Definitive Statement: 1st January 2000
* The width recorded with an asterisk relates to a specific legal order on a part of the public right of way ______
NO. LOCATION AVERAGE MIN WIDTH WIDTH ______
1 BW & FP from Trevaunance Road to opposite FP & BW 2 2'6"
2 FP & BW from opposite BW & FP 1 to BW & BR 7 and spurs to Trevaunance Road 3'0"
3 FP from south of Trevaunance Cove to Old Quay Head (FP 4) 2'6"
4 FP from Old Quay Head (FP 3) to Chapel Porth 1'0" - 3'0"
5 BR & FP from FP 4 to BW & FP 2 with spur 12'0"
6 FP from FP 4 to BW & FP 2 6'0"
7 BW & BR from Higher Bal Farm to FPs No. 8, 9 and 2 10'0"
8 FP from FP 4 to east of Bawden Farm BW & BR 7 1'0" - 3'0"
9 FP from FP 10 to BW & BR 7 with spur 3'0"
10 FP from Beacon Drive to FP 4 and FP 9 8'0"
11 FP from Beacon Drive to Peterville, St Agnes 3'0"
12 FP from FP 11 to Beacon Drive 3'0"
13 FP & BR from FP 12 to road north of Cannonball Farm 6'0"
14 FP from FP 4 at Chapel Porth via Beacon Cottage Farm to Vicarage Road St Agnes, with spur opposite FP 16 3'0" - 4'0" 4'0" *
15 FP from FP 14 to Higher Goonvrea Farm with spur 3'0" - 17'0"
16 FP from opposite FP 14 to Penwinnick Road, St Agnes 3'0"
Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
Document CC WCA 583/021
Copy of the Application Form and supporting documents as set out in Paragraph (1) of Schedule 14 to Wildlife and Countryside Act 1981
9 User Evidence forms were submitted with the original application in 2013
15 User Evidence forms were submitted in 2019 in support of use of the way between B-C on the Order map
Information Classification: CONTROLLED Cornwall Council Environment Service – Countryside Access Team Submission to Secretary of State Documents required by Planning Inspectorate
SUBMISSION TO SECRETARY OF STATE IN RESPECT OF CORNWALL COUNCIL FILE REFERENCE WCA 583
NO FURTHER DOCUMENTS REQUIRED