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Regulatory Board Commons and Rights of Way Panel 30 March 2004 Agenda Item: 5 Application for a Modification Order to Add a Bywa

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Regulatory Board Commons and Rights of Way Panel 30 March 2004 Agenda Item: 5 Application for a Modification Order to Add a Bywa REGULATORY BOARD COMMONS AND RIGHTS OF WAY PANEL 30 MARCH 2004 AGENDA ITEM: 5 APPLICATION FOR A MODIFICATION ORDER TO ADD A BYWAY OPEN TO ALL TRAFFIC AT BACK LANE, AMPNEY CRUCIS, PARISH OF AMPNEY CRUCIS JOINT REPORT OF THE EXECUTIVE DIRECTOR: ENVIRONMENT AND THE COUNTY SOLICITOR 1. PURPOSE OF REPORT To consider the following application: Nature of Application: Add Byway Open to All Traffic Parish: Ampney Crucis Name of Applicant: Mr J T Ducker Date of Application: 31St January 2003 2. RECOMMENDATIONS (1) That no Modification Order be made to add the Byway Open to All Traffic to the Definitive Map due to evidence that the claimed route is a road (2) That the claimed path be added to the road records as a continuation of road 50898 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 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 Mr Andrew Houldey, Modification Orders Officer, Public Rights of Way and Definitive Map Team, Environment Department. Telephone Gloucester (01452) 425522 E-mail: and [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 5.A) showing the position of the claimed path at Ampney Crucis. The village of Ampney Crucis lies approximately 2 miles to the east of Cirencester. The area of interest lies within Ordnance Survey Grid Square SP 0602 7.2 A large-scale map of the Ampney Crucis area at 1: 1250 scale is attached (numbered 5.B). This map depicts the claimed path by a crossed black line running between points A, B and C. The claimed path, generally known as Back Lane, adjoins County Class 5 Road number 50898 at its northern end (Ordnance Survey Grid Reference SP 0663 0238) at the point marked A on the aforesaid map. It then runs in a generally south south-west direction for approximately 225m to a security gate at point B (OS Grid Reference SP 0660 0222). It then continues to a wooden farm gate at point C (OS Grid Reference SP 0659 0218) where it terminates. 7.3 The north-south section of County Road 50898 is known as Batch Lane.; that part of road 50898 that runs west-east is known as The Lannocks. 7.4 The claimed route is not included on the County Road Records of maintainable highways or on the Definitive Map of Public Rights of Way. It varies in width between approximately 8 and 12 metres, is surfaced with stone and is suitable for use by vehicles. It is bordered on the west side by a stone wall that continues northwards along Batch Lane and on the east side by a post and rail fence and hedge. The total length of the claimed path is 225 metres. 7.5 The path was obstructed at point B in April 2002 by Wildmoor, the owners of the industrial premises called Park Close Units at the southern end of Back Lane, who 2 erected a locked security gate at point B. That part of the claimed route between points B and C was then incorporated into Park Close Units. 7.6 A gate had earlier been erected at point B in 1992 by the previous owner of Park Close, W E Berry. According to Mr Gerald Gaden, the tenant of land to the south of point C up until 1997, the gate was generally not locked. It was put there so Mr Berry could keep vehicles safe on his adjoining land. It was often left open, but Mr Berry gave Mr Gaden a key to use if it were ever padlocked. According to the applicant it was always possible to walk past the gate when it was locked as it was not such as to deny access to pedestrians. This gate was taken off its hinges when the land was sold in 2000. 7.7 A gate was also erected at point A at some time between 1971 and 1978 by Robin Saunders, one of the landowners of adjacent land. Mr James Tye, the tenant of land to the south of point C took it off its hinges, and left it on the side of the track. According to Mr Tye, Mr Saunders objected but did not do anything. Mr Saunders claimed that he was trying to improve control over his own fields. The gate was not installed again after it was removed. 8. BACKGROUND 8.1 The land at the southern end of Back Lane, Ampney Crucis, locally known as Park Close, has been owned by W E Berry and Sons since 1988. Before this, the plot was owned by Mr Saunders and family, who used the yard from the late 1940's until 1988. The Berry family rented the yard previous to 1988 from Mr Saunders, using it as a haulage and builders yard. 8.2 Park Close has been the subject of several planning applications during the 1990s. In 1990, Mr E Berry applied for planning permission to have a workshop, mess room and toilet facilities. Permission was granted by Cotswold District Council in September 1990. 8.3 In 1996 it became apparent to the District Council that the use of the yard had changed to accommodate heavy goods vehicles, and diesel storage tanks and portakabins had been erected. The Planning Enforcement Officer for Cotswold District Council became involved. After complaints regarding traffic dangers involving pedestrians/children and dogs along the narrow lanes, and change of use without planning consent, the decision was taken that the tanks be removed and that heavy vehicular activities cease. The site at this time was considered by Cotswold District Council to include part of `Back Lane' within its boundaries. 8.4 Following the decision, W E Berry appealed, and the hearing took place on 16th January 2001. The appeal site was described by The Planning Inspectorate thus: "The eastern site boundary is well-treed, beyond which lies the extensive residential curtilage of a dwelling fronting the main village street. A low wall marks the southern boundary with a belt of trees and open grazing land beyond, while a post and wire mesh fence lines the northern boundary, separating the appeal site from paddocks. An unmade private track leading to the grazing land to the south forms the western site boundary, with open 3 countryside lying further to the west. This unmade track runs northwards to meet the unclassified and un-surfaced County Road route no. 50898, known as Blatch Lane, which then runs eastwards to join the main village street." 8.5 Mr David Vessey of Ampney Crucis Parish Council contacted the County Council Public Rights of Way Unit on 26 April 2002. He stated that a landowner at the southern end of 'Blatch Lane' had incorporated a section into their own land, including part of Back Lane, and had obstructed the track at point B, preventing access to the landowner of the field south of point C. 8.6 As far as Mr Vessey was aware, this lane was "un-numbered and is known locally as 'Back Lane'. It is probably the original back drive to Ampney Park, but had been a cul-de-sac for some time, probably over 200 years". 8.7 Mr Vessey was concerned that if it were to be dedicated as a public right of way, then vehicular access would be required, but as Roads Used as Public Paths were to be abolished soon, he was unsure as to the course of action. 8.8 It was explained to Mr Vessey about how he could apply for a Modification Order, and get the track added to the Definitive Map through documentary evidence or user evidence. It was explained that Roads Used as Public Paths were to become restricted byways, unless vehicular rights could be shown, in which case they would be re-classified as Byways Open to All Traffic. 8.9 In July 2002 Ampney Parish Council expressed the view, following a meeting, that the Parish Clerk simply did not have enough time to get involved with the "inevitable paperwork", so it was suggested that the application be passed to Mr J T Ducker, who was the landowner directly affected by the obstruction as he owned the field to the south end of the track to which access had been prevented, at point C on the map. 8.10 Peter Kelly, Chairman of Ampney Crucis Parish Council submitted a series of documents to the County Council via Mr David Vessey on 17 July 2002.
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