Agenda and minutes

Venue: County Hall, Chichester

Contact: Tracey Guinea on 033022 28679  Email:  tracey.guinea@westsussex.gov.uk

Items
No. Item

1.

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:

1.1     In accordance with the County Council’s code of the conduct, the following declarations of interest were made:

·         Mr Whittington, Mr Bradbury, Mr Baldwin, Mrs Russell and Mr Acraman declared that they have made site visits for the following application, and that during visits if approached, none had engaged in any discussions regarding the application:

Rogate: Application for a Definitive Map Modification Order (Application No: 5/16) to add a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate.

·         Dr O’Kelly declared a personal interest as local member for Midhurst, and as a member of a steering group working with South Downs National Park Authority and various cycling groups on plans for a future multi-use path along the old railway line from Petersfield to Pulborough, in relation to:

Elsted and Treyford, and Harting – Request for Diversion of Parts of Footpaths (fp) 871, 872 and 873; Creation of New Footpath on Disused Railway. 

·         Dr O’Kelly declared a personal interest as local member for Midhurst, which is also a prejudicial interest by virtue of the fact that she has knowledge of the matter and is known to some of the parties.  Dr O’Kelly agreed to leave the meeting during the committee debate and vote on the item:

Rogate: Application for a Definitive Map Modification Order (Application No: 5/16) to add a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate.

·         Mr Bradbury declared a personal interest as a member of Mid Sussex District Council in relation to:

Previous Rights of Way Decisions – Item 1. Haywards Heath FP 25 CU.

 

2.

Minutes of the last meeting of the Committee pdf icon PDF 100 KB

The Committee is asked to confirm the minutes of the meeting held on 20 February 2018 (cream paper).

Minutes:

2.1        The Committee agreed the following corrections to the minutes of the previous meeting as follows.

·      Previous Rights of Way Decisions’ – incorrectly numbered, to become 23 (a)

·      Outstanding Decisions – incorrectly numbered, to become 23 (b) and 23 (c) respectively. 

·      Noted that there is no minute 26.

 

2.2        Resolved – that the minutes of the meeting held on 20 February 2018, as amended by the Committee, be approved and signed by the Chairman as a correct record.

 

3.

Previous Decisions Progress Report pdf icon PDF 35 KB

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

Minutes:

3.1     The Committee received and noted a report by 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).

 

4.

Outstanding Applications and Delegated Decisions pdf icon PDF 42 KB

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

 

Minutes:

4.1     The Committee received and noted a report from the Director of Highways and Transport and the Director of Law and Assurance outlining applications awaiting consideration (copy attached to the signed minutes).

 

5.

Definitive Map Modification Order pdf icon PDF 104 KB

Report by the Director of Law and Assurance.

 

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

 

Rogate: Application for a Definitive Map Modification Order (Application No: 5/16) to add a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate.

Additional documents:

Minutes:

Rogate: Application for a Definitive Map Modification Order (Application No: 5/16) to add a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate

 

5.1     The Committee considered a report by the Director of Law and Assurance, concerning an application to add to the Definitive Map and Statement a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate (copy appended to the signed version of the minutes).  Laura Floodgate, Solicitor introduced the report.  It is considered that the legal tests for making the Order have been met, but so as to provide additional clarity it is proposed that the recommendation be amended to include the words ‘as set out in paragraph 8.1 of this report’ at the end of the recommendation; to make clear that this is the lower test only that the path can be reasonably alleged to subsist. 

 

5.2     The Chairman drew the Committee’s attention to hard copies of documents which were circulated in advance of the meeting (the last document listed was received too late to circulate in advance of the meeting, but was provided in hard copy to the Committee) as follows:

·         Evidence including photograph provided by the Grey family.

·         Evidence including photographs and a map provided by Mr and Mrs Noble.

·         Evidence including maps, a photograph and a list of claimed inaccuracies in the evidence user forms provided by Mr Wakefield.

·         Letter from Wilsons Solicitors, solicitor for Mrs Abramavich.

·         Letter from Mr Howland.

·         Information provided by Mrs Howland – email to Mr Howland from Mr Dean Hall of Fyning Hill Estate.

 

5.3     Mr Johnny Grey, owner of Fyning Copse spoke in objection to the application.  The Grey family has lived in their property since 1990.  The community does not want this path, as shown by the 30 objections.  The path is narrow, dark and overgrown, has no views and leads nowhere, and does not directly lead to the village or connect with other paths in the woods.  Evidence of use between 1975 and 1995 is exceptionally light and lacks credibility.  Doubt is cast on the credibility of evidence in support as follows: some witnesses claim to have walked the path between 1995 and 1997, when it was a trench nearly 3m deep; and there are claims the surface was grass, when grass could never grow in this heavily wooded area.  There was a legal boundary dispute with the applicant and a witness from 2006 to 2011; it is felt witnesses are not impartial.  This conflict of interest is acknowledged by Rogate Parish Council.  There is overwhelming evidence that this path is not a right of way because there is no mention of it in planning application documents, objections to planning applications, title deeds, property searches or estate agent listings.  The right of way does not exist.  No member of the Grey family has ever seen anyone use this path.

 

5.4     Mrs Belinda Noble, owner of Fyning Twitten spoke in objection to the application.  Route A to  ...  view the full minutes text for item 5.

6.

Public Path Order Proposal pdf icon PDF 67 KB

Report by the Director of Highways and Transport.

 

The Committee is asked to consider a consultation by Adur & Worthing Councils in respect of the following Environment Agency proposal:

 

Lancing: Proposed Diversion of Part of Public Footpath 2048.

Additional documents:

Minutes:

Lancing: Proposed Diversion of Part of Public Footpath 2048

 

6.1     The Committee considered a report by the Director of Highways and Transport concerning an application, upon which the County Council, as the highways authority, has been consulted by Adur & Worthing Councils.  The Environment Agency proposes to divert part of a part of public footpath 2048 between Old Shoreham Road and a bridge carrying the south coast railway to the south.  Given officers’ concerns, and that the scheme is clearly of significance and with a high profile, the Committee is asked to decide whether the County Council should object or not to the Order.  The following points, in addition to the report, were provided for the purposes of clarity:

·         It is understood it is now intended that the drainage ditch adjacent to Cecil Pashley Way will be modified to a French drain (a sculptured ditch filled with porous materials) rather than as noted in the report.

·         There are concerns regarding safety and potential conflicts between users, particularly the use by cyclists riding at speed.

 

6.2     Laura Floodgate, Solicitor clarified that an application for outline consent has been made but not yet granted for development at New Monks Farm.  Mr Whittington clarified that this development is not specifically mentioned in the report but it lies to the north-west of the airfield.  It will be a large residential and business development and includes plans for the realignment of roundabout junctions on the A27.  The County Council’s Walking and Cycling Strategy notes this will be a key route to the town centre and railway station, which will link with the national cycling network.

 

6.3     Mr Graeme McClure, Project Manager, Environment Agency spoke in support of the application to Adur & Worthing Councils.  The Environment Agency intends to invest £40 million in this location to protect 2,300 houses and 390 businesses in Shoreham from the risk of tidal flooding.  The intention is to replace the existing embankment, which is in poor condition and has a low residual life; seepage was noted this January.  As recently as 2013, a flood event caused Shoreham airport to flood, temporarily closing it and the footpath.  A higher embankment is intended to protect against a 1 in 300-year flood event.  This new embankment will be further from the river and up against the ditch.  This is to replace habitat which has been lost elsewhere by building the new flood defences.  Requirement to provide habitat and the presence of the road and ditch are constraints.  However, the footpath will be an improvement on what is currently there and provides sections of wider passing places.  A section 73 amendment to the planning consent is being prepared in relation to the works on the ditch.

 

6.4     The Committee noted that Mrs Bridges, local member for Lancing advised she will not attend the meeting.

 

6.5     The Committee sought clarification on the following points:

·         Could the width of the path be improved if the drain could be moved?

The Environment Agency does not propose  ...  view the full minutes text for item 6.

7.

Public Path Order Proposal pdf icon PDF 88 KB

Report by the Director of Highways and Transport.

 

The Committee is asked to consider and determine whether the following Orders should be submitted to the Secretary of State for confirmation:

 

Elsted and Treyford, and Harting – Request for Diversion of Parts of Footpaths (fp) 871, 872 and 873; Creation of New Footpath on Disused Railway.

Additional documents:

Minutes:

Elsted and Treyford, and Harting – Request for Diversion of Parts of Footpaths (fp) 871, 872 and 873; Creation of New Footpath on Disused Railway

 

7.1     The Committee considered a report by the Director of Highways and Transport, concerning an application for diversion of parts of footpaths (fp) 871, 872 and 873 and creation of new footpath on disused railway at Elsted and Treyford, and Harting (copy appended to the signed version of the minutes).  Judith Grimwood, Senior Rights of Way Officer introduced the report.  Diversion Orders made following officer delegated decision attracted two objections which have been reviewed in the context of the legal tests.  It is still considered that the legal tests for making the Order have been met and the Committee was specifically asked to note Appendix 1, Inspecting Officer’s Report which explains the background and context to the original decision that the Orders be made.  It is considered that the Orders should be submitted by the Director of Law and Assurance to the Secretary of State for confirmation.

 

7.2     In reaching a decision the Committee made the following points:

  • In relation to distance and convenience, an additional 300m is not substantially inconvenient.
  • There will be better walking conditions and the reduction in stiles is good.
  • Views are acceptable throughout and although in the southern part this is limited by woods there are particularly good views from the top of the railway line and at point X.  So, overall views are enhanced.
  • Character is more subjective, but there will be more variation.

·         It was agreed that as stated in paragraph 4.1 of the Committee report  The new paths will provide some pleasant, easy to follow alternative routes with improved surface conditions and open access free from stiles’.

 

7.3     The officer recommendation was put to the Committee and approved unanimously.

 

7.4     Resolved – That the Public Path Diversion Orders made in respect of footpaths 871, 872 and 873 in the parishes of Elsted and Treyford, and Harting be submitted by the Director of Law and Assurance to the Secretary of State for confirmation.

 

8.

Secretary of State Decision pdf icon PDF 52 KB

Report by the Director of Law and Assurance.

 

The Committee is invited to note the Secretary of State’s decision on the following:

 

West Sussex County Council (Fittleworth) Public Path (No. 702) Extinguishment Order 2016

West Sussex County Council (Fittleworth) Public Path (No. 2866) Extinguishment Order 2016

Additional documents:

Minutes:

West Sussex County Council (Fittleworth) Public Path (No. 702) Extinguishment Order 2016

West Sussex County Council (Fittleworth) Public Path (No. 2866) Extinguishment Order 2016

 

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

 

8.2     The Committee wished it to be recorded that the outcome is noted with disappointment.

 

9.

Date of Next Meeting

The next meeting of the Committee will be held at 2.15 p.m. on Tuesday 30 October 2018.

Minutes:

9.1.    The Committee noted that its next scheduled meeting would be held at 2.15 p.m. on Tuesday 30 October 2018.