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.

13.1    In accordance with the County Council’s Code of Conduct, Cllr Pieter Montyn declared a Personal Interest in Item 4 – DMMO 3/19 because the application is in his Electoral Division, The Witterings.  Cllr Montyn elected to sit as a Planning and Rights of Way Committee member for this application and not speak as the local County Councillor.

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

The minutes of the previous meeting of the Committee dated 27 June 2023 are in preparation and will be submitted for confirmation to the next meeting of the Committee.

14.1   Resolved: -

That the minutes of the meeting of the Committee held on 6 June 2023 be approved and that they be signed by the Chairman.

14.2   The Committee noted that the minutes of the previous meeting of the Committee dated 27 June 2023 were in preparation.  The minutes will be submitted for confirmation to the next meeting of the Committee.

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.

15.1   There were no urgent matters.

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

Report by the Director of Law and Assurance:

DMMO 3/19 - Definitive Map Modification Order Application to modify the definitive map and statement for Chichester by adding a bridleway from along the length of Sheepwash Lane, from the junction with the B2179 at Rookwood Lane, to its end on Redlands Lane, in the parish of West Wittering.

DMMO 3/19 - Definitive Map Modification Order Application to modify the definitive map and statement for Chichester by adding a bridleway from along the length of Sheepwash Lane, from the junction with the B2179 at Rookwood Lane, to its end on Redlands Lane, in the parish of West Wittering

16.1   The Committee considered a report by the Director of Law and Assurance.  The report was introduced by Tanneth Melhuish, Chartered Legal Executive, who outlined the application and the key points.  The Committee noted a point of clarification, as detailed below:

·       Concerns about suitability of the application route and its condition cannot be taken into account as relevant to the legal tests.  However, the ‘concept and character’ do become relevant where they establish the regular and claimed type of use of the route and whether it meets the definition of a BOAT.

16.2   A statement in support of the application was read out by the Clerk to the Committee on behalf of Liza Lingham, the applicant (following the passing of the original applicant, Mr Peter Dawson).  Ms Lingham is a local resident, an employee at Wicks Farm Caravan Park in Redlands Lane for 36 years and a regular user of Sheepwash Lane as a dog walker, cyclist and horse rider.  Sheepwash Lane is an unlit, beautiful, peaceful route adjoining other footpaths and the Salterns Way cycle and wheelchair route.  It has been used daily since well before 1998 to date by local horse riders, including two local riding schools, cyclists, walkers and runners, including local walking and cycling clubs, and mothers with young children including those on bikes and in prams.  Visitors to Wicks Farm Caravan Park are provided with a map that includes the lane as a route to the beach, Itchenor Ferry and other paths.  Users welcome the route as being free from noise and pollution and safe from traffic.  It is the only off-road route in the village for horses and cyclists.  Previously, cars were occasionally seen but none have been witnessed since the original applicant got Sat Nav routes updated and arranged that a ‘Not Suitable for HGVs’ sign be installed.  Locals do not use the route as a rat-run.  There is no good reason why Sheepwash Lane should have vehicular access, it is single track and no vehicles can pass safely.  Properties located on the western end of Sheepwash Lane have a short access to the Malthouse, so do not need to access from the east.  The eastern end is maintained by Chichester Harbour Conservancy.

16.3   During the debate the Committee raised the points below and responses or clarification was provided by the Legal Officer, the Chairman, and Cllr Pieter Montyn, using his local knowledge of the location, as follows:

Use of the route as a bridleway

Point raised – Is the route currently used as a public bridleway?

Response – Yes.

Use of the route by mechanically propelled/motor vehicles

Points raised – Matters raisedrelating to evidence of and possible future use of the  ...  view the full minutes text for item 16.

The next meeting of the Committee will be held at 10.30 am on Tuesday,
5 September 2023 at County Hall, Chichester. 

Report by the Head of Planning Services, Director of Law and Assurance and Assistant Director (Highways Transport and Planning).

The Committee is invited to ask about planned agenda items and to note the following report:

Current Planning Applications, Current Definitive Map Modification Orders (DMMOs), Town and Village Green Applications (TVGs) and Public Path Orders (PPOs) under investigation.

17.1   The next scheduled meeting of the Planning and Rights of Way Committee will be on Tuesday, 5 September 2023 at 10.30 am.

17.2   Members noted the report on ‘Current Planning Applications, Current Definitive Map Modification Orders (DMMOs), Town and Village Green Applications and Public Path Orders (PPOs) under investigation’, further noting that some planning applications still appear on the list that the Committee has already made a decision on, and that this is because Decision Notices have yet to be issued.  Officers advised that it is not confirmed yet which applications will be in a position to be considered at the next meeting of the Planning and Rights of Way Committee on Tuesday,5 September.  The scheduling of items to be considered by the Planning and Rights of Way Committee is subject to change.