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.

1.1    In accordance with the County Council’s Code of Conduct, Cllr Duncton declared a Personal Interest in Item 5 – Public Rights of Way Progress Report 2022 because she is a member of South Downs National Park’s Planning Committee.

The Committee is asked to confirm the minutes of the meeting held on
7 February 2023

2.1    Resolved – That the minutes of the Planning and Rights of Way Committee held on 7 February 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.

3.1     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 8/21 – Definitive Map Modification Order to add to the Definitive Map and Statement for Cuckfield Rural a footpath from the southern end of footpath 11Ar to footpath 25ar near Stone Barn Cottages, in the Parish of Ardingly

DMMO 8/21 – Definitive Map Modification Order to add to the Definitive Map and Statement for Cuckfield Rural a footpath from the southern end of footpath 11Ar to footpath 25Ar near Stone Barn Cottages, in the Parish of Ardingly

4.1     The Committee considered a report by the Director of Law and Assurance.  The report was introduced by Charlotte Nash, Trainee Legal Executive, who outlined the application and the key points.  The Committee was advised that two corrections to dates in the Committee report should be noted as follows:

·       Page 12, paragraph 7.1.12, bullet point 2 – the reference to
“2 Nov 1995”, should read 2 Nov 1955.

·       Page 18, paragraph 7.1.24, bullet point 3 – the reference to “19/11/23” should read 23/11/54.

4.2     Mr Alan Hillier, representing The Bluebell Railway, one of the landowners, spoke in objection to the application.  If this DMMO is approved the permissive route, linking the southern end of footpath 11Ar to footpath 25Ar that is on Mrs Knowles’ land and has been in existence for many years and is in use,will be lost. Plans to reinstate this section of railway line, including moving the permissive path alongside the railway fence (still on Mrs Knowles’ land), have been put on hold awaiting this application outcome.  The Lewes & East Grinstead Railway Act 1880 relevant deposited plans and Parliamentary Book of Reference were accepted as accurate when the status of this footpath was previously considered by East Sussex County Council in the 1950s.  Any changes would have had an accompanying formal certificate amending the Parliamentary record; none has been produced.  Paragraph 7.7.9 of the Committee report suggests that the route in the Book of Reference does not relate to the claimed route.  However, the Railway Clauses Consolidation Act 1845 provided a general power to realign rivers, roads, streams, footpaths and occupation roads, such as this one.  Often bridges were constructed away from the original pre-railway route, such as in this instance where the farmer would have wanted to continue to use the occupation road throughout the railway construction, then the footpaths were re-joined after.  Further evidence of the status of the roadway through the underbridge can be provided in Enclosure 45 which is referenced as “Field, stream, occupation road and footpath”; it is not referenced as a public footpath. Railway evidence is considered high quality and inspectors would have spoken with all landowners and had detailed discussions with surveyors.

4.3     Ms Rosalind Emrys-Roberts of Routewise Consulting, representing Mrs Ann Knowles, one of the landowners, spoke in objection to the application.  The only evidence provided that refers to a footpath to Burstye Farm comes from the Parish Council.  The Ordnance Survey maps show the existence of a track, but not the existence of a public right of way.  The Railway plans and documents provide evidence that the route was an occupation road.  Neither they, nor the Finance Act documents, indicate whether the application route either was, or was not, a public footpath.  Council records show that objections  ...  view the full minutes text for item 4.

Report by the Principal Rights of Way Officer.

The Committee is asked to note the following report:

Public Rights Of Way Annual Progress Report 2022

5.1     The Committee considered a report by the Principal Rights of Way Officer.  The report was introduced by Nick Scott, Principal Rights of Way Officer, who outlined the key points, specifically also noting that the number of gates installed has reduced since 2021 and this may be accounted for by the increase in costs of materials in the last year.  Thanks were also given to the various volunteers and groups mentioned throughout the report and to County Tree Surgeons in recognition of the work they undertake to help maintain the Public Rights of Way network (PROW network).  The Committee was advised that two corrections to dates in the Committee report should be noted as follows:

·       Page 37, paragraph 2.2 – the reference to “our database 2021” should read 2022.

·       Page 37, paragraph 3.1 – the reference to “2021” should read 2022.

5.2     The Committee raised the points below and responses or clarification was provided by the Principal Rights of Way Officer, as noted below.  Members were also encouraged to report any issues to the Public Rights of Way Team, so they can be prioritised.

Contracts

Points raised – What is the length time of the contract with County Tree Surgeons and also the summer clearance contract?

Response – The PROW maintenance contract with County Tree Surgeons is for four years with an option to extend for a further three years.  The summer clearance contract is in its second year of a two year contract.

Type 1 surfacing

Point raised – What is Type 1 surfacing?

Response – This is a grade of stone used for footpaths, from 40mm down to dust.  Bridleways may have a different surface.

Use of kilometres rather than miles

Point raised – Why are measurements in kilometres not miles, which is the system used for highways in the UK?

Response – Historically this is the measurement that the PROW Team has used.  It is likely that this is due to the Ordnance Survey maps being in kilometres.

Volunteers in urban areas

Point raised – Are there any volunteers working in Crawley to address issues, which are mainly with overgrown vegetation?

Response – There are fewer volunteers from urban areas, but the roaming volunteer inspectors do cover the urban network and Highways Officers inspect the paths that have highway status. 

England Coastal Path

Points raised – The creation of the England Coastal Path was welcomed.  It was noted that the scheme allows for rollback where sections of the route may be subject to coastal erosion in future.  Are there any outstanding issues in relation to Chichester Harbour Conservancy?  Who is providing the capital and revenue funding for the project and will there be an increase in revenue funding provided to the County Council on completion?

Response – There are no outstanding issues with Chichester Harbour Conservancy that the Council is aware of.  It is for Natural England to work with all the landowners and ensure the relevant agreements are in place.  Once that is done the responsibility  ...  view the full minutes text for item 5.

The next meeting of the Committee will be held at 10.30 am on Tuesday,
27 June 2023 at County Hall, Chichester. Planned agenda items to be advised
in due course.

6.1    The next scheduled meeting of the Planning and Rights of Way Committee will be on Tuesday, 27 June 2023 at 10.30 am.

6.2     Members noted items likely to be considered at the next meetings of Planning and Rights of Way Committee include planning application WSCC/047/21 - Creation of a 3G Artificial Grass Pitch (AGP) with perimeter fencing, floodlighting, macadam hardstanding area, storage container, timber acoustic barrier fence and macadam access pathway at The Forest School, Horsham at the Committee meeting on 27 June 2023 and DMMO 3/19 - Addition of a BW along the full length of Sheepwash Lane, West Wittering – G18 at the Committee meeting on 18 July 2023.  The scheduling of items to be considered by the Planning and Rights of Way Committee is subject to change.