Agenda and draft minutes

Rights of Way Committee
Tuesday, 22nd October, 2019 2.15 pm

Venue: County Hall, Chichester

Contact: Tracey Guinea on 033 022 28679  Email:  tracey.guinea@westsussex.gov.uk

Items
No. Item

10.

Declarations of Interest

Members and officers must declare any pecuniary or personalinterest in any business on the agenda.  They should also make declarations at any stage such an interest becomes apparent during the meeting. Consideration should be given to leaving the meeting if the nature of the interest warrants it.  If in doubt, contact Democratic Services before the meeting.

Minutes:

10.1     In accordance with the County Council’s code of the conduct, there were no declarations of interest made by Committee members.

 

11.

Minutes of the last meeting of the Committee pdf icon PDF 190 KB

The Committee is asked to confirm the minutes of the meeting held on
25 June 2019 (cream paper).

Minutes:

11.1     Resolved – that the minutes of the meeting held on 25 June 2019 be approved and signed by the Chairman as a correct record.

 

12.

Urgent Matters

Items not on the agenda that the Chairman of the Committee is of the opinion should be considered as a matter of urgency by reason of special circumstances.

Minutes:

12.1   There were no urgent matters.

 

13.

Previous Decisions Progress Report pdf icon PDF 115 KB

The Committee is asked to consider a progress report by the Director of Law and Assurance (on pink paper).

Minutes:

13.1   The Committee received and noted a report by the Director of Highways, Transport and Planning and the Director of Law and Assurance setting out the progress on previous delegated decisions and decisions made by the Committee (copy attached to the signed minutes).

 

14.

Outstanding Applications and Delegated Decisions pdf icon PDF 132 KB

The Committee is asked to consider a progress report by the Director of Law and Assurance (on pink paper).

         

N.B.  If members have any queries in connection with items 4(a) and 4(b) they are asked to raise them with officers before the meeting.

 

Minutes:

14.1   The Committee received and noted a report by the Director of Highways, Transport and Planning and the Director of Law and Assurance outlining applications awaiting consideration and delegated decisions (copy attached to the signed minutes).

 

15.

Definitive Map Modification Order pdf icon PDF 278 KB

Report by the Director of Law and Assurance.

 

The Committee is asked to consider and determine the following application:

 

Climping and Littlehampton CP: Applications for Definitive Map Modification Orders (Application No’s: 2/17, 3/17 and 4/17) to add to the Definitive Map and Statement for Chichester a restricted byway between points D and E on plan 01733a and upgrade of a section of Footpath 829 between points A to D on Plan 01733a and to upgrade footpath 174 between points E and F on the Plan to a restricted byway, in the parish of Climping and town of Littlehampton

 

Additional documents:

Minutes:

Climping and Littlehampton CP: Applications for Definitive Map Modification Orders (Application No’s: 2/17, 3/17 and 4/17) to add to the Definitive Map and Statement for Chichester a restricted byway between points D and E on plan 01733a and upgrade of a section of Footpath 829 between points A to D on Plan 01733a and to upgrade footpath 174 between points E and F on the Plan to a restricted byway, in the parish of Climping and town of Littlehampton

 

15.1  The Committee considered a report by the Director of Law and Assurance, as amended by the Agenda Update Sheet, concerning an application to add to the Definitive Map and Statement for Chichester a restricted byway between points D and E on plan 01733a to upgrade a section of Footpath 829 between points A to D on the plan and to upgrade footpath 174 between points E and F on the plan to a restricted byway, in the parish of Climping and town of Littlehampton(copy appended to the signed version of the minutes).  Charlotte Nash, Legal Assistant, introduced the report.  As per the recommendations in the report, it is considered that the legal tests for making the Orders have not been met. 

15.2   Mr Sean Manning representing Littlehampton Golf Club, one of the landowners, spoke in objection to the application.  Mr Manning referred to a letter sent to the County Council dated 13 March 2019 (shown by Officers to Committee members following Mr Manning’s representation).  There are strong concerns particularly in relation to application route D to E which crosses the 12th hole of the golf course, posing significant safety issues for the business, golfers and users of that proposed route.  This section was legally stopped up in 1936.  The current route (D to Y to Z) is regularly used by families and many children.  In relation to section E to F, part of the route runs directly in front of the 16th hole, it is a blind crossing and whilst the golf club has warning signage in place it is felt that this footpath is not suitable for additional traffic that might result from an upgrade to a restricted byway.  Furthermore, the golf club is believed to own land beyond footpath 174 and this application raises concerns about the impacts on its ongoing maintenance.

 

15.3   Mrs Julie Robinson, the applicant, spoke in support of the application.  There is good, credible evidence to support the application.  Regarding higher rights along section A to X, it is only the Definitive Map which has created a legal restriction; in centuries past the public would have had full access to Climping beach on foot, horse or by horse drawn cart, e.g. use by smugglers, horses to pull up boats and carts to collect seaweed would have occurred.  There was no road drawn between Climping and Middleton at this period and the only possible access was via the beach.  Route A to X from Climping Street and the Mill was on  ...  view the full minutes text for item 15.

16.

Secretary of State Decision pdf icon PDF 114 KB

Report by the Director of Law and Assurance.

 

The Committee is invited to note the following decisions by the Secretary of State:

 

West Sussex County Council (Elsted & Treyford and Harting) Public Path (No. 871) Diversion Order 2017

 

West Sussex County Council (Elsted & Treyford) Public Path
(No. 872) Diversion Order 2017

 

West Sussex County Council (Elsted & Treyford) Public Path
(No. 873) Diversion Order 2017

 

Minutes:

West Sussex County Council (Elsted & Treyford and Harting) Public Path (No. 871) Diversion Order 2017

West Sussex County Council (Elsted & Treyford) Public Path
(No. 872) Diversion Order 2017

West Sussex County Council (Elsted & Treyford) Public Path
(No. 873) Diversion Order 2017

 

16.1   The Committee received and noted a report by the Director of Law and Assurance setting out the outcomes of the recent decision made by the Secretary of State (copy attached to the signed minutes).

 

16.2   Resolved – The Committee noted the report.

 

17.

Secretary of State Decision pdf icon PDF 105 KB

Report by the Director of Law and Assurance.

 

The Committee is invited to note the following decision by the Secretary of State:

 

West Sussex County Council (Chichester No. 1 (Parish of Walberton and Arundel addition of a Restricted Byway and Upgrade of Footpath 342 to a Bridleway)) Definitive Map Modification Order 2018

 

Minutes:

West Sussex County Council (Chichester No. 1 (Parish of Walberton and Arundel addition of a Restricted Byway and Upgrade of Footpath 342 to a Bridleway)) Definitive Map Modification Order 2018

 

17.1   The Committee received and noted a report by the Director of Law and Assurance setting out the outcomes of the recent decision made by the Secretary of State (copy attached to the signed minutes).

 

17.2   Resolved – The Committee noted the report.

 

18.

Secretary of State Decision pdf icon PDF 103 KB

Report by the Director of Law and Assurance.

 

The Committee is invited to note the following decision by the Secretary of State:

 

DMMO 2/16 – To add a bridleway and upgrade footpath 51Esx to bridleway from Top Road to Grinstead Lane in West Hoathly

 

Minutes:

DMMO 2/16 – To add a bridleway and upgrade footpath 51Esx to bridleway from Top Road to Grinstead Lane in West Hoathly

 

18.1   The Committee received and noted a report by the Director of Law and Assurance setting out the outcomes of the recent decision made by the Secretary of State (copy attached to the signed minutes).

 

18.2   Resolved – The Committee noted the report.

 

19.

Date of Next Meeting

The next meeting of the Committee will be held at 2.15 p.m. on Tuesday 10 March 2020.

 

Minutes:

19.1   The Committee noted that its next scheduled meeting would be held at 2.15 p.m. on Tuesday, 10 March 2020.