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.

18.1    There were no Declarations of Interest made by members of the Planning and Rights of Way Committee.

The Committee is asked to confirm the minutes of the following meetings held on:

·       27 June 2023 (cream paper, pages 3 to 15)

·       18 July 2023 (cream paper, pages 17 to 22)

19.1  Regarding the minutes of the meeting held on 27 June 2023, following a request from Mrs Angela Cornford regarding a speech read out on her behalf at the meeting, the Committee noted and approved the following amendments to Minute 10.5 of the meeting: 

10.5     The Clerk to the Committee read out a statement in objection to the application on behalf of Mrs Alison Angela Cornford, local resident.  AGPs are not for multi-use, being only suitable for football and possibly rugby.  Currently, there is no use at weekends and evening use is impossible after 4pm in winter. Contrary to the officer's report, there is no regular use on weekday evenings. This is impossible in the winter months when it can get dark at 4pm.  The financial benefits are questioned, especially with maintenance costs.  Replacement would be required after an average 8-10 year lifespan, which also means it is not sustainable development.  Would the proposal be economically viable and is there sufficient high demand for community use?  The Southern Water Pre-capacity Check, dated 3 August 2021, was only valid for 12 months and has expired.  The need for water surely goes against water neutrality.The need for watering, as part of the Landscape Maintenance Plan, surely goes against water neutrality.  The detrimental effect on the lives of local residents is a very serious matter.  Articles about the concerns about the health risks caused by synthetic 3G AGPs and the use of toxic rubber crumb microplastics (ground-up end of life tyres), as well as the environmental impacts, were referenced.  The European Commission in 2022 stated it is considering a ban on intentionally added microplastics.  Michael Gove wants to ban all new housing developments from installing artificial grass.  It has a devastating effect on ecology.  Sport England is still promoting this proposal because there is no UK legislation and a lack of alternative suitable infill material. Could the Section 106 Agreement funding be better spent, e.g. on solar panels for school buildings or classroom provision?

19.2   The Committee also noted and approved an amendment to correct an error in the following paragraph of Minute 10.10 of the minutes:

The cricket pitch, netting and simultaneous use with the MUGA

Points raised – How high would the ball-stop net to the west east side of the cricket pitch need to be to allow for simultaneous use with the MUGA?  Would the net be a permanent fixture?  What would be the impact on the landscape?

19.3   Regarding the minutes of the meeting of 27 June 2023, it was resolved:

That the minutes of the meeting of the Committee held on 27 June 2023 be approved, subject to the correction to Minutes 10.5 and 10.10, as highlighted in paragraphs 19.1 and 19.2 above, and that they be signed by the Chairman.

19.4   Regarding the minutes of the meeting of 18 July 2023, it was resolved:

That the minutes of the meeting of the Committee held on 18 July 2023 be approved and that they  ...  view the full minutes text for item 19.

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.

20.1   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 2/21 – Definitive Map Modification Order  to modify the definitive map and statement for Petworth to add a footpath between footpath 795 and footpath 797 in the parish of Loxwood.

DMMO 2/21 – Definitive Map Modification Order to modify the definitive map and statement for Petworth to add a footpath between footpath 795 and footpath 797 in the parish of Loxwood

21.1   The Committee considered a report by the Director of Law and Assurance.  The report was introduced by Gemma Penfold, Legal Assistant, who outlined the application and the key points. 

21.2   Mr Adrian Morris read out a statement from Mr David Wright, local resident since 2007, in support of the application.   The application route and surrounding ancient woodland are very close to the local community’s heart, which is not a factor in the decision making but the overwhelming weight of user evidence in support is such a factor.  The landowners’ objection refers to “irregular use” of the path by members of the public. Some evidence user forms confirm use of the route on a daily basis and also 62 forms show use for the full 20-year period.  Also, prior to the refusal of the planning application for a clay pit and waste recycling facility bordering the path, a CCTV survey carried out on behalf of the landowners took place over a 7-day period in August 2020.  This indicated that around 32 people used the path every day, which is hardly “irregular use”.  The landowners’ objection also appears to claim that gates and “no unauthorised access” signage were installed in the 1990s, presumably on or across the path.  Neither Mr Wright nor any of the user statements recall any such gates or signage on or across the path until January 2021, when workers were witnessed installing two gates.

21.3   Dr Jill Sutcliffe spoke in support of users of the route, noting that every evidence statement mentioned the length of time that the person and/or their family has walked the route unhindered; as children, as adults old or young and as residents of many years or as newer arrivals.  She provided quotes from a small sample of the user statements.  Common themes included the tranquillity and ease of the route, benefits to physical and mental health and the variety of nature to be found.  Also quoted were the numbers of years these walkers have used the route and the frequency in which they did so: 40 years, 30 years, 16 years, 9 years and 7 years, with 3-4 times per day and daily use mentioned.  Two of the quotes mentioned the lack of any challenge to use of the route, including one person who stated that in the last couple of years they had occasion to chat with the landowners’ agents from Protreat, who dealt with the claypit application, and were not challenged about using the route.  One mentioned that the path seems to be “an old access route which has been there for years”.

21.4   Mr Tim Bennett, the applicant, spoke in support of the application. The route is easily accessible from the villages of Loxwood, Alfold, Tismans Common and Rudgwick.  It is a hugely popular local amenity  ...  view the full minutes text for item 21.

The next meeting of the Committee will be held at 10.30 am on Tuesday,
10 October 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.

22.1   The next scheduled meeting of the Planning and Rights of Way Committee will be on Tuesday, 10 October 2023 at 10.30 am.

22.2   Members noted the report on ‘Current Planning Applications, Current Definitive Map Modification Orders (DMMOs), Town and Village Green Applications (TVGs) and Public Path Orders (PPOs) under investigation’.  Items that may be scheduled for consideration at the next meeting of the Planning and Rights of Way Committee include Planning Application WSCC/021/23: Elbridge Farm, Bognor Regis; DMMO 2/19: Henfield and Woodmancote; and TVG 30/53: Collingwood Road, Horsham,  although it should be noted that scheduling can be subject to change.