Mid and West Berkshire Local Access Forum

Home , Borough of Wokingham, Greenham, Padworth, Padworth Common, Reading Borough Council, Snelsmore

AGENDA ITEM 1

MID AND WEST BERKSHIRE LOCAL ACCESS FORUM

MINUTES OF A MEETING OF THE FORUM HELD AT THE NATURE DISCOVERY CENTRE, LOWER WAY, THATCHAM, ON WEDNESDAY 19 MAY 2010, COMMENCING AT 2.00 PM AND CONCLUDED AT 4.50 PM

Present: Dr J C Bridger*, Mr N Channer, Ms S Ellison, Mr J R Goddard, Mr A Lawson, Mr C N B Marriage*, Mr R O’Neill, Mrs M Pawson*, Mr R R Sharp, Mrs D M Smith, Councillor B Tickner, Mr P D G Todd*, Councillor Dr T Vickers, Ms S Wallington.

Observer: Councillor H Cole (Executive Member for Environment, “Cleaner Greener”, Public Protection, Customer Services, West Berkshire Council)

In Attendance: Ms E Baker (Reading Borough Council), Ms E Cox (West Berkshire Council), R F Penfold (Secretary), Ms E Tweed (Wokingham Borough Council).

Apologies for Absence: Mr S W Brook, Mr D A W Gardiner DL, Councillor S Weeks.

* Member seeking re-appointment – see Minute 8

1 member of the public was present.

1 SITE VISIT

Prior to the meeting, some Members walked a permitted path through the reed beds from the Nature Discovery Centre, to Greenham Footpath 6.

2 ELECTION OF CHAIRMAN

RESOLVED: That Mr A Lawson be elected Chairman of the Forum for the ensuing year.

(Mr Lawson in the Chair)

3 ELECTION OF VICE-CHAIRMAN

RESOLVED: That the election of a Vice-Chairman of the Forum for the ensuing year be deferred to the next meeting.

4 MINUTES

The Minutes of the meeting of the Forum held on 27 January 2010 were approved.

5 MATTERS ARISING ON THE MINUTES

52 Public Participation

The Secretary advised that no approaches had yet been made to the Council of Partners for the North Wessex Downs Area of Outstanding Natural Beauty, about closer liaison with the Forum.

55 Working Groups

The Forum discussed the arrangements for and the prospective number of attendees at the community engagement meeting entitled “Rolling out Our ROWIPS”, to be held on 2 June 2010.

66 Consultation Exercises

Dr J C Bridger indicated that she had not arranged for the Forum’s West Berkshire ROWIP Working Group to comment on the Local Development Framework (LDF) of the West Berkshire Council.

Councillor Dr Vickers observed that the LDF, as drafted, contained a range of policies which could be utilised to ensure, for instance, improvements to access to outdoor recreation.

6 MEMBERS’ INTERESTS

The Forum was reminded of the provisions of Regulation 6(8) of the Local Access Forums (England) Regulations 2007 concerning disclosure of interests. No interests relevant to the meeting were disclosed.

7 PUBLIC PARTICIPATION

The Forum received a report by the Secretary reminding it of its decisions, at its first meeting, regarding public participation at meetings.

No questions had been received prior to the meeting from members of the public.

At the meeting, Mr G V Smith (Chairman, Ramblers’ Association, West Berkshire Group) asked about the provision of footboards for footpath level crossings on railways, in the light of a fatality on a crossing at Little Bedwyn, Wiltshire.

Notwithstanding the Forum’s procedures, by which the question fell to be answered at the next meeting, it was

RESOLVED: That the West Berkshire Council and Wokingham Borough Council be requested to undertake an audit of the condition of the 6 “at- grade” rights of way crossings of railways.

8 MEMBERSHIP OF THE FORUM

The Forum received a report by the Secretary about the non-local authority membership, with effect from 1 May 2010.

4 existing Members of the Forum had expressed an interest in serving for a further term, and 2 new applications had been received by the closing date. Officers of the 3 councils were considering recommending appointments to their councils: no appointments had, however, been made by the date of the meeting.

All those Members who had sought reappointment had been invited to attend the meeting.

NOTED

9 MEETINGS OF THE FORUM

The Forum had before it a report of the Secretary inviting the Forum to set the calendar of, and venues for, future meetings. The report also enquired whether site visits and presentation should be incorporated with some future meetings.

Members agreed that the existing pattern, of 3 afternoon meetings per year, should be continued, but felt that, subject to a review of the meeting to be held on 2 June 2010, that an evening, community engagement session should be added to one of the meetings.

RESOLVED:

1 That meeting of the Forum be arranged to be held as follows:

Wednesday 29 September 2010, in the Borough of Wokingham at 2 pm Wednesday 19 January 2011, in the Borough of Reading at 2 pm Wednesday 25 May 2011, in the District of West Berkshire at 4 pm

incorporating presentations and site visits, as appropriate.

2 That, subject to review at the next meeting, a public facing session be incorporated with the meeting arranged for May 2011.

10 CROSS BOUNDARY LIAISON

The Forum was reminded that, in accordance with the guidance given by the Secretary of State for Environment, Food and Rural Affairs for local access forums, it had nominated persons to attend, as observers, meetings of the neighbouring local access fora.

Dr J C Bridger reported orally on 2 meetings of the Hampshire Countryside Access Forum , since the last meeting of this Forum. The Hampshire Forum had discussed:

• the Discovering Hampshire’s Lost Ways’ Project, including the relationship between historic routes and ambitions set out in the Hampshire ROWIPs; • sharpening up implementation/review activity; • an event designed to liaise between landowners and users of rights of way.

Mr R R Sharp reported on a meeting of the Windsor & Maidenhead Local Access Forum which he had attended on 18 March 2010. The principle issue discussed had been Local Transport Plan 3.

The Secretary circulated a report received from Dr D A L Shepherd, before his retirement, about the meeting of the Wiltshire & Swindon Countryside Access Forum he had attended on 10 February 2010. The main business had been a round table discussion on refocusing that Forum. Dr Shepherd advised that very diverse views had been expressed, and the debate lasted

some 2 hours, with no clear outcome. The full list of the potential priorities for 2010/11, as a result of the meeting, was attached to Dr Shepherd’s report. The principle issues were about the ROWIP and resources.

Mrs D M Smith reported on a meeting she had attended of the Bracknell Forest Countryside Local Access Forum , which she advised was probably different in style to the Mid & West Berkshire Forum, given its quite small geographical area. That Forum had discussed the Local Transport Plan, the provision of children’s play areas and issues relating to heathland and wetland.

The Forum was reminded that there were vacancies for observers at meetings of the Oxfordshire Countryside Access Forum and the Wiltshire and Swindon Countryside Access Forum, following the retirements of Lady Hoskins and Dr D A L Shepherd.

RESOLVED:

1 That the reports of Dr J C Bridger, Mr R R Sharp, Dr D A L Shepherd and Mrs D M Smith be noted.

2 That Mr R O’Neill be nominated to attend meetings of the Oxfordshire Countryside Access Forum, as an observer.

3 That Councillor Dr T Vickers be nominated to attend meetings of the Wiltshire and Swindon Countryside Access Forum, as an observer.

11 WORKING GROUPS

The convenors of working groups reported orally about their working groups.

Councillor Dr T Vickers advised that the focus of any activity by the Education & Communications’ Group since the last meeting of the Forum had been in respect of the community engagement event arranged for 2 June 2010, with particular reference to the programme. The Chairman pointed out that he was not available for that meeting.

Mrs M Pawson advised that the Access for Disabled People Group had not met since the last meeting of the Forum.

Mr C N B Marriage reported that the Development of New Access & Maintenance of Existing Rights of Way Group has similarly not met since the last meeting of the Forum, pending the adoption of the West Berkshire ROWIP.

It was noted that, following the retirement of Lady Hoskins, the Reading ROWIP Group was without a convenor.

Dr J C Bridger advised that the West Berkshire ROWIP Group had not met, as it was waiting for the West Berkshire ROWIP to be adopted.

Mr R R Sharp reported that the Wokingham ROWIP Working Group had met, and had drafted a letter for submission to Wokingham Borough Council, which draft letter was circulated at the meeting.

RESOLVED:

1 That, in the absence of the Chairman of the Forum, Councillor Dr T Vickers Chair the public engagement meeting on 2 June 2010.

2 That Mr A Lawson be appointed convenor of the Reading ROWIP Working Group.

3 That the draft letter, set out in Appendix 1 hereto, be sent to Wokingham Borough Council.

12 RIGHTS OF WAY IMPROVEMENT PLANS

The Forum considered a report, by the Secretary, reminding Members that every local highway authority should have, by 21 November 2007, prepared a Rights of Way Improvement Plan (ROWIP), and updating the Forum on the progress made by the 1 remaining authority towards the publication of those plans, Reading Borough Council having published its Plan on 30 November 2007 and Wokingham Borough Council its Plan on 18 December 2009.

Ms E Tweed (Wokingham) advised that her Council’s Plan could be downloaded from the website, but was not yet available in printed form.

Ms E Cox (West Berkshire) advised that it was expected that the West Berkshire Council’s Plan would be adopted on 27 May 2010. Ms Cox had a copy of the draft Plan available at the meeting.

NOTED

13 READING BOROUGH COUNCIL – RIGHTS OF WAY

The Forum considered a report, by the Secretary, submitting the text of a draft letter to Reading Borough Council about rights of way and related issues in the Borough.

Members were reminded of the on-going dialogue with the Council concerning the implementation of the Council’s Rights of Way Improvement Plan. The Forum had written to the Council’s Head of Transport in September 2009, and had considered the reply received at its last meeting. The Forum’s Reading ROWIP Working Group had considered the reply and suggested the submission of the letter in Appendix 2 hereto.

Ms E Baker of Reading Borough Council advised that Reading Footpath 2 was to be resurfaced later in May 2010, that Footpath 28 would revert to its former line, following its temporary diversion, and that the order creating Footpath 47 (Jefferson Close to Russet Glade, Emmer Green) had been confirmed by the Secretary of State.

The Forum was reminded that, at its meeting in January 2009, it had been advised of correspondence between the then Chairman of the Forum and the Lead Councillor for Culture & Sport at Reading Borough Council, that his Council intended to improve the surface of the Thames Path between Caversham and Reading Bridges, early within the life of the Council’s ROWIP. The Lead Councillor had indicated that his Council was committed to resurfacing the path with a bound surface, such as Asphalt, and that officers were seeking the funds to carry out such works. Members observed that there had been no delivery against the stated commitment, and sought a report on the matter to the next meeting.

RESOLVED:

1 That, subject to the inclusion of suitable examples, the letter set out in Appendix 2 be sent to Reading Borough Council.

2 That a report be submitted to the next meeting on surfacing the Thames Path from between Caversham and Reading Bridges.

14 WEST BERKSHIRE COUNCIL – RIGHTS OF WAY

The Forum received a report, from Ms Cox of West Berkshire Council, updating the Forum on her Council’s maintenance programmes for rights of way, and related matters.

The report set out the proposed programme of works for the early summer of 2010, some aspects of which, Ms Cox indicated, were already underway. She explained that priorities for work were established by reference to the level of use, projects had been outstanding etc. She indicated that additional projects would be added. Ms Cox pointed out that whilst there had previously been no link between the programme and the Rights of Way Improvement Plan, this would change, once her Council had adopted the Plan.

Members asked questions about particular projects.

Ms Cox indicated that the Council’s revenue budget included £32,000 for works to paths, including tree work, while the capital programme included provision of £100,000.

Reference was made to leaflets published by the West Berkshire Council encouraging walking, in particular, walking to schools.

NOTED

15 WEST BERKSHIRE COUNCIL – PATH ORDERS

The Forum considered a report, by the Secretary, reminding it that the West Berkshire Council had made, and/or given notice of, the following order:

The West Berkshire Distinct Council (Public Footpath, New Road to Greenham Road (Westwood), Greenham) Definitive Map Modification Order 2009.

NOTED

16 THE WEST BERKSHIRE DISTRICT COUNCIL (FOOTWAY BETWEEN SPEEN LODGE COURT AND BATH ROAD, NEWURY) GATING (VARIATION NO 1) ORDER, 2010

The Forum received a report of the Secretary, reminding it of the consultation, by the West Berkshire Council, on a proposal to vary a gating order for a path.

Members recalled that, in July 2007, the West Berkshire Council consulted the Forum on a proposal to make a gating order, under the provisions of Section 129A of the Highways Act 1980, preventing anyone, other than those persons specified in the order, from using the footway between Speen Lodge Court and Bath Road, Newbury. Although the Forum had sent a response that it did not support the proposal, the Council had made the order in 2008.

The Council had been required to undertake a review of the order. As a result, it had been decided to continue with the order, to lock the gate at all times, but to pursue a variation, allowing the Council some discretion as to the persons who can hold a key to the gate.

The Forum had been invited to submit any objections or representations to the Council on the proposed variation order by 1 April 2010. The Secretary had sent copies of the proposal to all Members, inviting views. Only 1 Member had responded, indicating that he was opposed to the continuation of the gating order but welcoming any relaxation of the terms, to enable wider access. In the light of this limited response, no further action had been taken on the Forum’s behalf.

NOTED

17 SHEPHERDTON LANE, SHINFIELD (BYWAY 32) – POSSIBLE GATING ORDER

The Forum considered a report, by Ms E Tweed of Wokingham Borough Council, advising that her Council was considering making a gating order in respect of Shepherdton Lane, Shinfield (Byway 32), in an endeavour to reduce the incidence of fly tipping there. It was pointed out that the Council was required to consult the Forum if it was considering making a gating order under Section 129A of the Highways’ Act 1980.

Ms Tweed circulated further material about the background to the proposal, identifying the issues involved, action taken to date by the Council to reduce fly tipping, and the proposal. Ms Tweed also circulated a map showing the location, and the impact of the gating order.

Recognising that Members had only been provided with full details of the proposal at the meeting, it was

RESOLVED: That Members submit any views on the proposed gating order on Shepherdton Lane, Shinfield (Byway 32) which would prohibit the use of vehicles (other than farmers, employees or contractors of Network Rail and Ministry of Defence personnel) on the entire length of the Byway, but still allowing access by pedestrians, horse riders and cyclists, by 2 June 2010.

18 DISCOVERY CENTRE, THATCHAM – PARKING CHARGES

The Chairman accepted a request by Councillor Dr T Vickers, under Regulation 7(6) of the Local Access Forums (England) Regulations 2007, that the following matter should be considered at the meeting as a matter of urgency.

It was reported to the Forum that the West Berkshire Council was imminently to consider the introduction of parking charges at the Nature

Discovery Centre, Thatcham. Councillor Dr T Vickers enquired of Members whether they had any view on the proposal: hitherto, there had been no charges imposed for parking at that site. A number of Members expressed views about the introduction of charging.

Councillor H Cole, the Executive Member for Environment, “Cleaner Greener”, Public Protection and Customer Services, at the West Berkshire Council, indicated that she had already taken a decision to impose parking charges, following an examination of ways to increase the revenue of the Discovery Centre, in order to reduce the cost to the public purse. She had, therefore, agreed to the introduction of a pilot scheme to charge for parking at the Centre between the hours of 10.00 and 16.00 each day.

Observing that the decision to impose charges had already been made, the Chairman felt that further discussion of the issue was otiose.

19 EQUESTRIANS AND THE FORESTRY COMMISSION

The Forum received a report, by the Secretary, setting out an invitation to participate in an exercise relating to equestrian access to Forestry Commission land.

The Forum was reminded that it had participated in the consultation exercise by the Forestry Commission in connection with the latter’s study of the public forest estate in England. One of the issues raised in connection with that exercise had been the restrictions imposed in some areas in respect of equestrian access to Forestry Commission land. As a result, a working group, comprising members of local access fora within the south east region, had been established to try to make some progress towards resolving the issue.

The Working Group had become aware that the Forestry Commission was not averse to additional access, but needed partnerships to enable that access to be affordable. The Working Group cited examples of such partnerships in Buckinghamshire and West Sussex. A major conclusion reached by the Group was that, in order to make progress in discussions with the Commission, it would be essential to be able to make specific proposals, rather than persisting with the general campaign of asking for better access. As a result, the Working Group had decided to request each forum in the region to contribute to the activity, by identifying 1 case in its territory where it believed access (particularly equestrian access) could be significantly improved, or, indeed, provided of the first time. A specification for this activity, as generated by the Working Group, was circulated with the report.

The Forum was asked to consider whether it wished to participate. In this connection, Members were reminded that the Forestry Commission managed

2 sites in the Forum’s area – Sulham Woods, to the west of suburban Tilehurst, and Gorrick Plantation, an area of mapped access land, south of Wokingham. In this connection, it was observed that the Commission did not own or lease Sulham Woods, but simply managed it. It was also noted that Gorrick Plantation was already heavily used by a nearby equestrian centre.

Dr J Bridger undertook to explore whether it would be appropriate to submit proposals for better equestrian access to Gorrick Plantation.

NOTED

20 BARBED WIRE NEAR PATHS

The Forum considered a report, by the Secretary, enquiring whether advice should be offered to the highways’ authorities about the dangers posed by barbed wire adjacent to paths. The subject had been included in the Forum’s work programme at the suggestion of the former Chairman, who had been particularly concerned about the dangers posed to users by barbed wire adjacent to paths, especially were paths were narrow, were near gates or stiles or where users preferred the margins of paths, because of the conditions of the paths’ surfaces.

Ms E Cox of the West Berkshire Council pointed out to the Forum that Section 164(1) of the Highways’ Act 1964 stated “Where on land adjoining a highway there is a fence made with barbed wire, or having barbed wire in or on it, and the wire is a nuisance to the highway, a competent authority may, by notice serviced on the occupier of the land, require him to abate the nuisance within such time, not being less than 1 month, nor more than 6 months from the date of the service of the notice, as may be specified in it.” If the occupier failed to comply with such a notice, the authority could take him or her before a magistrates’ court.

Members recognised that the provision was somewhat subjective. They felt, nevertheless, that authorities could give landowners, occupiers and users advice on the issue, perhaps in terms of guidance as to where the provision might be enforced.

RESOLVED: That Reading Borough Council, the West Berkshire Council and Wokingham Borough Council be requested to give guidance to landowners and users on the issue of barbed wire adjacent to paths, in the light of Section 164 of the Highways’ Act 1980.

21 SECTION 15 LAND

The Forum received a report, by the Secretary, seeking to provide further information about land accessible to the public under the provisions of Section 15 of the Countryside & Rights of Way Act 2000.

Members recalled that the Forum had received a report at its meeting in January 2010 on the subject of Section 15 Land, advising that Natural England had completed mapping of the land in question. The Secretary had attempted, unsuccessfully, to produce maps, showing this land, by downloading from Natural England’s website. Dr J C Bridger had, however, succeeded to download some maps, and displayed copies at the meeting. The report of the Secretary included some frequently asked questions about Section 15 Land, drawn from Natural England’s website.

Dr Bridger restated her particular interest about equestrian rights on the Section 15 Land. She had already approached the West Berkshire Council about the issue, in respect of commons in that Council’s area. She hoped that she would be able to report back on the issue at the next meeting.

Reference was made to a proposal to erect fencing at Padworth Common, to facilitate conservation grazing.

RESOLVED: That the West Berkshire Council be requested, in future, to consult the Forum when considering issues about commons, eg fencing for conservation purposes.

22 MANAGEMENT OF COMMONS

The Forum considered a report, by the Secretary, to which were attached the minutes of the following meetings of commons’ advisory committees etc, in West Berkshire:

Bucklebury Common Advisory Group – 8 April 2010 Greenham and Crookham Commons Commission – 17 February 2010 Snelsmore Common Country Park Management Committee – 5 November 2009

Comment was made that the Forum, per se, was not represented on the commons’ advisory committees.

RESOLVED: That the Minutes be received.

23 REGIONAL CONFERENCE FOR LOCAL ACCESS FORUM MEMBERS

The Secretary reported that the then Chairman, Dr J C Bridger and Mrs D M Smith, had attended a conference for local access forum members in the south east of England, held on 16 March 2010, in London. Dr Bridger and Mrs Smith reported on matters raised at the conference, viz:

• Green Infrastructure • fencing commons • working with parish councils • interface between parish plans and Rights of Way Improvement Plans • the future of the England Access Forum • contributions to local development frameworks.

NOTED

24 ANNUAL REPORT

The Forum considered a report of the Secretary reminding of its obligation to prepare an annual report, under Regulation 13(1) of the Local Access Forums (England) Regulations 2007. A draft annual report, prepared by the former Chairman, for the period 1 May 2009 to 30 April 2010, was circulated with the agenda for the meeting. Some amendments were suggested to the text.

RESOLVED: That, subject to the amendments discussed, the circulated text be adopted as the core of the Annual Report for the year 2009/10.

25 COST OF THE FORUM

The Forum received a report, by the Secretary, advising it of the direct cost of its operations - £5064 – in the financial year 2009/10 and providing a breakdown of that expenditure, and its allocation to the 3 councils.

NOTED

26 WORK PROGRAMME OF THE FORUM

The Forum considered a report of the Secretary, inviting it to settle the work programme for the forthcoming year. The Forum was reminded that

the Secretary of State for Environment, Food & Rural Affairs had suggested, in her guidance, that each forum should endeavour to agree an annual work programme, taking account of its work priorities.

RESOLVED:

1 That the following work programme be adopted:

a Meeting to be held in September 2010 • Site visit • Parish Plans • Thames Path access, inviting Long Distance Trail Manager • Green Infrastructure (presentation by Councillor Dr T Vickers) • Section 15 Land.

b Meeting to be held in January 2011 • Site visit • Presentation on Higher Level Stewardship • Invitation to Richard Benyon MP.

c Meeting to be held in May 2011 • Part reconstitution • Adoption of Annual Report • Site visit.

APPENDIX 1

LETTER TO WOKINGHAM BOROUGH COUNCIL

The Local Access Forum is delighted to note that the Wokingham Borough Council published its Rights of way Improvement Plan in December 2009.

The Forum is now concerned to know where the funds will come from to implement the suggested and much needed changes outlined in the Plan. Are proposed changes in the ROWIP solely dependant on funding from section 106 money borne out of successful planning applications or can you foresee any funds coming from other sources, e.g. the Local Transport Plan 3 grant?

The Forum strongly recommend that the authorities bring the planned changes and further development of the network outlined in the Document to the attention of the planning officers so that they can be brought into discussions with developers with the intention of securing funding to improve the rights of way network.

The Forum also recommend that the authority does its utmost to ring fence any section 106 money so that it is made available for the improvements contained in the ROWIP.

We look forward to receiving your response by September? the date of our next meeting.

APPENDIX 2

LETTER TO READING BOROUGH COUNCIL

Thank you for your letter dated 15 December concerning Reading Borough Council’s Rights of Way Improvement Plan.

We are concerned that your letter has insufficient detailed information for us to understand exactly what work has been carried out and what your future plans are.

From your comment it appears that the budget for definitive map work is shared with the budget for maintenance of the network and delivery of the ROWIP.

You mention that general maintenance works have been ongoing and that they contribute to the action areas identified within the plan. However, it has been drawn to our attention that many parts of the Right of Way network in Reading are in need of repair or maintenance, having deteriorated in recent years. Some paths are now inaccessible, and others are extremely difficult to use.

It would also appear that some paths have been badly damaged by motorcycle abuse, and others are made accessible to only a few agile users due to extremely restrictive barriers.

We also note that Footpath 28 has been temporarily diverted over a longer and less direct route than the original alignment, we assume this is temporary.

To help us with our review process we would ask you to provide a written report to the next meeting of the CLAF with the following points:

1. A clarification of the funding for the inclusion on the definitive map of the new footpath. 2. The inspection regime for the monitoring of the condition of the network that is presently being used. 3. The programme of works planned for 2010/11. 4. How you are managing your duty to prevent illegal use of paths by motor cycles, and how you are addressing the issue of access to the network for those with physical disabilities. 5. An explanation of why the CLAF have not been notified about the proposed relocation of Footpath 28 in the Kennet Island development, and what the future alignment of the path will be.