Agenda and minutes

Planning and Rights of Way Committee - Tuesday, 12th October, 2021 10.30 am

Venue: County Hall, Chichester, PO19 1RQ

Contact: Tracey Guinea on 033 022 28679  Email:  tracey.guinea@westsussex.gov.uk

Media

Items
No. Item

13.

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.

Additional documents:

Minutes:

13.1   In accordance with the County Council’s Constitution: Code of Practice on Probity and Protocol on Public Participation in Planning and Rights of Way Committees, Cllr Quinn declared that he had been lobbied in relation to Agenda Item 4 ‘Application for DMMOs 4, 5, 6/19 in the parishes of Bognor Regis, Felpham and Bersted’.

 

13.2   In accordance with the County Council’s Code of Conduct, Cllr Duncton declared a personal interest in Agenda Item 4 ‘Application for DMMOs 4, 5, 6/19 in the parishes of Bognor Regis, Felpham and Bersted’ because she is the County Council’s representative on the South Downs National Park Authority.

 

13.3   In accordance with the County Council’s Code of Conduct, Cllr Sharp declared a personal interest in Agenda Item 5 ‘Recent Decision by the Secretary of State's Inspector, DMMO 5/16 – To add a footpath at Fyning Lane, Rogate’ because she knows one of the parties involved.

14.

Minutes of the last meeting of the Committee pdf icon PDF 178 KB

The Committee is asked to confirm the minutes of the meeting held on
7 September 2021 (cream paper).

Additional documents:

Minutes:

14.1   Resolved – That the minutes of the Planning and Rights of Way Committee held on 7 September 2021 be approved and that they be signed by the Chairman.

 

15.

Urgent Matters

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.

Additional documents:

Minutes:

15.1   There were no urgent matters.

 

16.

Definitive Map Modification Order pdf icon PDF 161 KB

Report by the Director of Law and Assurance.

 

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

 

Definitive Map Modification Order Application for DMMOs 4, 5, 6/19 in the parishes of Bognor Regis, Felpham and Bersted:

 

(1)    Addition of a footpath from Brooks Lane to Downview School

 

(2)    Addition of a footpath from the field adjacent to the rife to the Leisure Centre

 

(3)    Addition of a footpath around the main field adjacent to the rife

Additional documents:

Minutes:

Definitive Map Modification Order Application for DMMOs 4, 5, 6/19 in the parishes of Bognor Regis, Felpham and Bersted:

 

(1)    Addition of a footpath from Brooks Lane to Downview School

 

(2)    Addition of a footpath from the field adjacent to the rife to the Leisure Centre

 

(3)    Addition of a footpath around the main field adjacent to the rife

 

16.1   The Committee considered a report by the Director of Law and Assurance, as amended by the Agenda Update Sheet (copies appended to the signed copy of the minutes).  The report was introduced by Georgia Hickland, Trainee Legal Executive, who outlined the proposals.

 

16.2   Mr Stephen Brown, representing The Save Aldingbourne Rife Paths Action Group, spoke in support of the application.  The Group seeks to have the three paths added to the West Sussex Definitive Map and Statement, so that they can be used for communication, leisure and recreation.  There have been a significant number of users recorded for all three routes.  This echoes the huge importance that local people attach to these paths and, for many, use of the paths is a daily part of their lives.  The recommendation states that, on the balance of probabilities, each route has been proven to subsist.  The report sets out that there is clear evidence in favour of the claimed routes being as of right and there is no credible evidence to the contrary.  The County Council is requested to make a Definitive Map Modification Order for each route, as per the recommendation, with the view that they be added, in due course, to the said Definitive Map and Statement.

 

16.3   Cllr Francis Oppler, County Councillor for Bognor Regis East, spoke in support of the application.  Details of the locality were provided.  The application routes sit in both Bognor Regis East and Felpham electoral divisions.  The application for all three footpaths is supported.  The land is easily accessible by residents of Glenwood Estate and those further afield.  The routes are used by dog walkers, school children and countryside walkers.  All three footpaths have been in constant use for the last fifty years or longer.  This is supported by the 107 user evidence forms, all of which are of a high standard.  Currently, there is no access to Brooks Field because the owner has fenced off all access points.  The application is supported by a variety of organisations and Bognor Regis Town Council, the South Downs National Park Authority and Nick Gibb MP were quoted.  These remarks give a good understanding of the strength of evidence and community support in favour of making the paths public rights of way.  The Ramblers Association also supports the application.  Section 13.1 of the Committee report states that “the applicant has produced a substantial amount of credible evidence which demonstrates clear use of Application route 1, as of right, during the 20 year period”, and the same remarks have been made in regard to routes 2 and 3.  Section 12.3 of the report states that “in this  ...  view the full minutes text for item 16.

17.

Secretary of State Decision pdf icon PDF 112 KB

Report by the Director of Law and Assurance.

 

The Committee is invited to note the following decision by the Secretary of State:

 

Recent Decision by the Secretary of State's Inspector: DMMO 5/16 – To add a footpath at Fyning Lane, Rogate

Additional documents:

Minutes:

Recent Decision by the Secretary of State's Inspector: DMMO 5/16 – To add a footpath at Fyning Lane, Rogate

 

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

 

17.2   Cllr Sharp took no part in the vote to note the report due to her declared personal interest in the item.  Otherwise, the Committee voted unanimously to note the report.

 

17.3   Resolved – That the Committee notes the report.

 

18.

Date of Next Meeting

The next meeting of the Committee will be held at 10.30 am on Tuesday,
9 November 2021.

Additional documents:

Minutes:

18.1   The next scheduled meeting of the Planning and Rights of Way Committee will be on Tuesday, 9 November 2021 at 10.30 a.m.