Agenda and minutes

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.

25.1    No declarations of interest were made.

The Committee is asked to confirm the minutes of the meeting held on 10 January 2023 (cream paper).

26.1   In reference to part (a) of the planning permission for Planning Application WSCC/015/22, an update was requested regarding which authority has responsibility for heat dissipation as noted in Minute 23.8 of the minutes of the meeting of the Planning and Rights of Way Committee of 10 January 2023.  The Committee was advised that enquiries are being undertaken by Planning Officers and the Committee will be provided with an update as soon as possible.

26.2   Resolved – That the minutes of the Planning and Rights of Way Committee held on 10 January 2023 be approved and that they be signed by the Chairman.

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.

27.1   There were no urgent matters.

Report by the Director of Law and Assurance.

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

DMMO 10/20 – Definitive Map Modification Order application to add a restricted byway to the Definitive Map and Statement for Cuckfield Rural linking Birchgrove Lane and School Lane in the parish of Horsted Keynes

DMMO 10/20 – Definitive Map Modification Order application to add a restricted byway to the Definitive Map and Statement for Cuckfield Rural linking Birchgrove Lane and School Lane in the parish of Horsted Keynes

28.1   The Committee considered a report by the Director of Law and Assurance.  The report was introduced by Georgia Hickland, Chartered Legal Executive, who outlined the application and the key points.

28.2   Mr Chris Smith, representing the Open Spaces Society, the applicant, spoke in support of the application.  Historical evidence is important because common law provides that once a route is a public highway - including public footpaths and bridleways - it remains a highway forever, unless there is a Court or other Order stopping it up or diverting it, and no evidence has been found or provided that this has occurred for this route.  The historical evidence for this route is very strong.  Land shown in white on the Inland Revenue Finance Act 1910 map was exempt from tax and was mainly owned by a rating authority.  Where a white road joins others, which is the case with this route, it is almost certainly owned by a highway authority with public rights of access because otherwise there would be no reason for a local authority to own it. The 1930s Handover map shows the application route as a highway that was publicly maintainable.  This map, which was provided by East Grinstead Rural District Council to the County Council, was used to identify the responsibility for maintained public highways; the application route is shown on the map.  It would have been scrupulously checked at the time.  No opposing historic evidence has been submitted.  It is only necessary, at this stage, to show that someone could reasonably argue that the route is a right of way.  R v Secretary of State for the Environment ex parte Riley [1989] stated that an Order must be made if a reasonable person, having considered all the relevant evidence, could reasonably allege a right of way subsisted.

28.3   During the debate the Committee raised the points below and a response or clarification was provided by Legal Officers where applicable, as follows:

State of the proposed route

Point raised – The proposed route is through woodland, leading to an old house that was once a school.  Part of the route can be accessed, although with difficulty, and it is very muddy.  In its current state it is not suitable for a byway.  All it does is cut off a corner where two other paths join.  It would require a certain amount of work to bring the route back into use.

Response – Concerns regarding the state of the path cannot be taken into account when determining the application.  Should the application be approved and the Order confirmed the County Council would then be responsible for restoring the route to a passable condition and thence maintaining it.

Definition of a restricted byway

Points raised – Clarification was sought regarding the definition of  ...  view the full minutes text for item 28.

Report by the Director of Law and Assurance.

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

DMMO 4/20 - Definitive Map Modification Order application to modify the Definitive Map and Statement for Chanctonbury to add a footpath from Coombe Drove, Bramber to Bostal Road, Steyning in the parishes of Bramber and Steyning

DMMO 4/20 – Definitive Map Modification Order application to modify the Definitive Map and Statement for Chanctonbury to add a footpath from Coombe Drove, Bramber to Bostal Road, Steyning in the parishes of Bramber and Steyning

29.1   The Committee considered a report by the Director of Law and Assurance.  The report was introduced by Naomi Taite, Legal Assistant, who outlined the application and the key points.

29.2   A statement in objection to the application was read out by the Clerk to the Committee on behalf of Mr Thomas and Mrs Christine Harding, owners of Penland Cottage and, since 2008, landowners of approximately 8 yards of the proposed route.  The other part of the route is unregistered.  Good relations have been maintained with users of the cut-through running alongside the garden of Penland Cottage, but during 2020 the Hardings experienced problems with people lingering on the footpath.  On the advice of the Police they erected a Permissive Footpath sign to deter loitering.  Users felt that this might be an indication that the path would be closed, which has never been the case.  It provides a safe, short route from Coombe Drove to Steyning and is well used by the elderly, young and families with prams.  The Hardings would like the route to remain open and wish to work with West Sussex County Council to explore ways to keep the current line of the path either through a dedication or a diversion under the Highways Act 1980.  The original line of the route as defined by the DMMO application evidence would not be acceptable under any circumstances because it would run through the garden of Penland Cottage and have a significant impact on the Hardings’ security, young family and quality of life.

29.3   Mr Charles Ashby, representing members of the public and users of the proposed route, spoke in support of the application.  Members of the Committee were referred to the plan on page 45, Appendix 2a, of the Committee report.  The plan was made in 1963 at the time that Chanctonbury Rural District Council approved the planning application for the Coombe Drove estate.  It shows the original path, which was kept for residents’ access.  The County Council was asked to adopt the route but refused.  However, it insisted the route should not be used for vehicular access and a brick barrier had to be erected at the Coombe Drove end, which got knocked over in the 1970s and was rebuilt using public donations.  The original route was well used.  A large amount of evidence, demonstrating regular, uninterrupted use during the period 1976 to 1996, has been provided including from people of standing within the community.  Mr Ashby has used the path for over 47 years.  The previous owners of Penland Cottage annexed most of the original route into their garden (which was stated as taking place in 1966), leaving the current narrow route.  Bramber Parish Council laid the tarmac as a one-off gesture.  Members were referred to page 46, Appendix  ...  view the full minutes text for item 29.

The next meeting of the Committee will be held at 10.30 am on Tuesday, 28 February 2023.

30.1   The next scheduled meeting of the Planning and Rights of Way Committee will be on Tuesday, 28 February 2023 at 10.30 am.