Decision details

Ansty and Staplefield – Request for Diversion of Part of Bridleway (Bw) 40CR at Mizbrooks Farmhouse

7.1     The Committee considered a report by the Director of Highways, Transport and Planning concerning an application to divert part of Public Bridleway 40CR at Mizbrooks Farm near Cuckfield.  Judith Grimwood, Senior Rights of Way Officer introduced the report.  It is considered that the legal tests for making and confirming the order have been met.

7.2     The Chairman read out the following statement from Mr Pete Bradbury, local member for Cuckfield and Lucastes who was unable to attend:

“Unfortunately I am unable to attend Rights of Way Committee on 25 [June 2019].  However, this application is in my division, I have no objections to it and to date have received no submissions about it either for or against.”

7.3     During the debate the Committee made the points below.  Clarification was provided by Officers, where applicable:

·         The application site is very rural and in a particularly attractive part of West Sussex.

·         The comments of the British Horse Society’s County Access & Bridleway’s Officer for West Sussex that the proposed diversion would be “enjoyable to use”, as recorded in 7.1 of the Committee report, were highlighted; whilst this is subjective the preference “not to be in close proximity to the house and garden” supports the case for better privacy and security of the landowner’s property.

·         Empathy was expressed for situations, such as in the case of this application, where landowners have public rights of way through their gardens.

·         The objection made by the Open Spaces Society is considered to be unreasonable in the case of this application, where the proposed diversion route is a perfectly acceptable alternative route.

7.4.    The recommendation was proposed by Mr Acraman and seconded by Mr Quinn, and was put to the Committee and approved unanimously.

7.5     Resolved – That the Director of Law and Assurance be authorised to make a diversion Order under Section 119 of the Highways Act 1980 in respect of bridleway 40CR and to take reasonable steps to implement the proposal.