Agenda and draft 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.

33.1   In accordance with the County Council’s Constitution, including the Code of Conduct as well as the Code of Practice on Probity and Protocol on Public Participation in Planning and Rights of Way Committees, the following declaration was made in relation to the lobbying of all members of the Committee:

·       Item 4 – Planning Applications WSCC/046/23 and WSCC/047/23.

·       Item 5 – Application for a Town or Village Green at Collingwood Road Green, Horsham.

33.2   In accordance with the County Council’s Constitution, including the Code of Conduct, the following members made declarations of interest in the applications noted below:

·       Cllr Gibson – a non-prejudicial Disclosable Pecuniary Interest, which has been confirmed by the Council’s Monitoring Officer as non-prejudicial, in respect of Item 4 – Planning Applications: WSCC/046/23 and WSCC/047/23 in respect of a business owned by a family member.

·       Cllr N Jupp – a Personal Interest in Item 4 – Planning Applications: WSCC/046/23 and WSCC/047/23 because he is married to Cllr Amanda Jupp, County Councillor for Billingshurst who was mentioned by Cllr Kenyon as having concerns about the impact of the applications on traffic in her electoral division.  Cllr Jupp made it clear that his opinion on the applications is independent of his wife’s.

·       Cllr Atkins – a Personal Interest in Item 6 – DMMO 4/21 because he is known to the Goring family and the Wiston Estate, the landowners of the route in question.

33.3     No other declarations of interest were mades.

The Committee is asked to confirm the minutes of the meeting held on 5 December 2023 (cream paper).

The Committee is also asked to confirm the minutes of the meeting held on 9 January 2023 (cream paper).

34.1   The Committee resolved:

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

34.2   The Committee considered, and approved, the following requests for amendments to the minutes of the meeting of the Committee held on
9 January 2024 in relation to application: DMMO 2/19 - Definitive Map Modification Order.  The Committee noted that the second amendment had not been referred to Cllr Payne because it is a factual amendment.

1)          Request from Hilary Pierce, applicant of DMMO 2/19 in reference to her own submission to the Committee:

Minute 31.5:-

The applicant Hilary Pierce, on behalf of the British Horse Society, spoke in support of the application.  It is felt that some pieces of evidence supporting the application had been overlooked by the case officer.  There were areas with No occupation roads show any ownership in the Henfield Tithe records.  The Woodmancote Tithe map had no apportionment numbers and the Henfield Museum’sTithe mapparish copy marks the route as a ‘Road’.  Both Tithe maps show the route as ‘to’ and ‘from’ two places which would PINS guidance says suggest public rights were in place.  It was inconceivable that all inter-connecting occupationroads as shown on Tithe maps would be private use.  The Finance Act 1910 map shows Furners Lane as a “white road” excluded from the hereditaments, which would PINS guidance says indicates it was a vehicular public road.  Legal documents dealing with the transfer of land either side of Furners Lane refer to the claimed route as a highway or lane. If there was no ownership then the landlord adjacent landownerhad no authority to make the usage private.  In 1949 Chanctonbury Rural District Council (RDC) conveyed part of the land indicating it was public if owned by the RDC.  Horsham District Council had not supplied further information which would be required for a proper analysis.  Gallagher 2002 and Fortune 2012 state there should be a proper analysis of the lane’s appearance and width on old maps, considering what the lane connects to and its desirability for public use; such objective analysis is absent from the officer’s report.  Considering if the path was a footpath, the term highway pre-1835 was used for public vehicular roads.  Old maps also show Furners Lane in the same manner as other roads in the area.  It is more likely than not that the public used it both on horseback and with vehicles.  Evidence demonstrates, on the balance of probability, that the proposed route along Furners Lane has restricted byway rights or at least bridleway status.

2)          Request from Mrs Alison Short, supporter of DMMO 2/19 in relation to the minute of Cllr Sarah Payne’s submission to the Committee:

Minute 31.7:-

Cllr Sarah Payne, as the local member for Henfield, thanked officers for their comprehensive research of the area.  Cllr Payne had walked the route and noted that areas of the path had  ...  view the full minutes text for item 34.

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.

35.1   There were no urgent matters.

Report by Head of Planning Services.

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

WSCC/046/23 - The siting and development of a temporary borehole, well site compound and access road including all ancillary infrastructure and equipment (Variation of condition 1 of planning permission WSCC/002/22 extending the permission by 24 months to enable the completion of phase 4 site retention and restoration).

WSCC/047/23 - Temporary installation of a security fence, gates, and cabins (Variation of condition 1 of planning permission WSCC/001/22 to enable the retention of security fencing, gates & cabins for a further 24 months).

at Wood Barn Farm, Adversane Lane, Broadford Bridge, Billingshurst, West Sussex, RH14 9ED.

WSCC/046/23 - The siting and development of a temporary borehole, well site compound and access road including all ancillary infrastructure and equipment (Variation of condition 1 of planning permission WSCC/002/22 extending the permission by 24 months to enable the completion of phase 4 site retention and restoration)

WSCC/047/23 - Temporary installation of a security fence, gates, and cabins (Variation of condition 1 of planning permission WSCC/001/22 to enable the retention of security fencing, gates & cabins for a further 24 months)

at Wood Barn Farm, Adversane Lane, Broadford Bridge, Billingshurst, West Sussex, RH14 9ED

36.1   The Committee considered a report by the Head of Planning Services (copy appended to the signed minutes).  The report was introduced by James Neave, Principal Planner, who outlined the application and the key points.  The Committee was advised that the following should also be noted:

·       On 15 March an additional representation was received from Protect Dunsfold, a group linked to the Loxley oil site in Surrey, suggesting that a bond should be sought for restoration.  Bonds are addressed at paragraph 9.26 of the Committee report.  The representation does not change the substantive recommendation.

·       The fire water tank and cabins shown on the plan at Appendix 4 are not currently on site, but may be required for the restoration stage.

36.2   Philip Maber, an interested party spoke in objection to the application. Several councillors voiced concerns when the third extension application came before the Committee.  The site should be reinstated and made safe as per the conditions in place.  The borehole suffered several serious integrity issues and didn't find commercial oil.  Assets used in the drilling and testing phase, including well casings, have a short life.  Is UKOG simply trying to avoid the expense of reinstating the site to a proper and safe condition, whilst keeping the site to shore up support from investors?  UKOG’s accounts show that their restoration asset has disappeared.  The substance of the claims of generation of geothermal heat was queried.  The legal challenges in relation to Horse Hill, Surrey and Loxley may have global implications, inspiring similar legal challenges in other countries.  The Environment Agency is not fit for purpose and there are issues of permits without limit across the UK for the onshore oil and gas industry, which rely upon self-regulation and reporting.  The Committee should consider the WSCC climate motion of 2019 and the strategy and commitment publication of 2021.  Net Zero is impossible with further new fossil fuel exploration.

36.3   Ann Stewart, on behalf of the Weald Action Group, spoke in objection to the application.  The International Energy Agency in 2021 stated there should be no new oil and gas developments.  The well should now be plugged and the site restored.  It is acknowledged that the complex policies sometime conflict, e.g. the three overarching policies of the NPPF, which includes an environmental objective to mitigate climate change.  The Committee report gives great weight to the Energy White Paper and Energy Security Strategy, seemingly greater weight than to  ...  view the full minutes text for item 36.

Report by the Director of Law and Assurance.

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

Application under S.15 of the Commons Act 2006 for the registration of land claimed to have become a town or village green.

Land known as Collingwood Road Green, Horsham.

Application under S.15 of the Commons Act 2006 for the registration of land claimed to have become a town or village green.

Land known as Collingwood Road Green, Horsham.

37.1   The Committee considered a report by the Director of Law and Assurance, as amended by the information provided in the Agenda Update Sheet (copies appended to the signed minutes).  The report was introduced by Laura Floodgate, Senior Solicitor, who outlined the application and the key points including the evidence and legal tests, and clarified the following:

·       The Agenda Update Sheet contains comments from the Horsham Society.  The representation does not change the substantive recommendation.

·       Signatures to the plans submitted with the application (Appendices 3a and 3b) have been redacted for the purposes of data protection.

·       A letter has been received this week from Jeremy Quin, MP, supporting the application [this was tabled for the Committee members].

37.2   Felicity Harrington, the applicant, spoke in support of the application.  This matter has been hanging over the residents for two years.  Residents did not know that the land was privately owned, but since finding out did try to buy it; however, at auction it was sold to a developer who has threatened to put fences round the green, which has caused a lot of concern.  Residents’ children play on the green because it is an area of family housing.  The closest park is a 10 minute walk away for a small child and across a busy road.  Open spaces where children can play are needed.  Without town or village green status, the developer may apply to have the highways status removed and the land blocked up so that she can develop it.  There would be nowhere for the children to play and families would also not be able to come together for community events.  It is questioned how Orbis [the County Council’s Legal Services] conducted their inquiries because a barrister’s opinion has had to be sought twice.  Two other TVG applications went through in virtually identical circumstances; although it has been stated records have been lost in a flood, they must have been signed off by Council officers and there may still be staff who can comment.  Natural justice is asked for because it is a slight legal technicality that says there can’t be village green status.  Whether or not the amenities have been enjoyed by right or as of right for the last 60 years, it was always intended that that green should be a green, it was never intended that it should be built on.  Town or village green status is the only way to secure this, including for future generations.

37.3   A statement, submitted by Rhoda Hatton on behalf of the Horsham Trafalgar Neighbourhood Council in support of the Collingwood Road residents, was read out by the Clerk to the Committee.  The green has, in the past, been used as an open green space for recreational and community activities and is valued by immediate residents and those local  ...  view the full minutes text for item 37.

Report by the Director of Law and Assurance.

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

DMMO 4/21 – Definitive Map Modification Order Application for the addition of a footpath from Mouse Lane to footpath 2715 with an extension to bridleway 2714 and an extension to the historic Rifle Range Targets in the Parish of Steyning CP to the Definitive Map for Chanctonbury.

DMMO 4/21 Definitive Map Modification Order Application for the addition of a footpath from Mouse Lane to footpath 2715 with an extension to bridleway 2714 and an extension to the historic Rifle Range Targets in the Parish of Steyning CP to the Definitive Map for Chanctonbury.

38.1   The Committee considered a report by the Director of Law and Assurance (copy appended to the signed minutes).  The report was introduced by Gemma Penfold, Legal Assistant, who outlined the application and the key points.

38.2   Cllr Christine Young, representing Steyning Parish Council, the applicant, and a Steyning resident of 39 years and a user of the Rifle Range area along with her family since the 1990s for activities including walking and sledging, spoke in support of the application.  Steyning Parish Council’s Community Committee unanimously approved an updated resolution of support for this application on 5 September 2023.  The Rifle Range is a very important historical area of natural countryside for the local community as demonstrated by the user forms in support of this application for the years between 1989 - 2009.  The Rifle Range continues to be well used by people and walkers today, especially evidenced in 2020 during lockdown when many people and families could be seen walking there each day. The Rifle Range is easily accessible both from the Memorial Playing Field in the centre of Steyning and from Mouse Lane via the Nightingale Lane path, which also gives flat access and caters for those with limited mobility.  The Steyning Downland Scheme Charity (SDS) has established a Community Orchard at the far end of Nightingale Lane where it meets the first field, ensuring future unrestricted access to this area.  The stated aims of the SDS include “to enable and encourage conservation of the natural resources and habitants for the benefit of the public” and “to educate and encourage the public, and young people, in particular, to understand the natural environment”.  The historical nature of the Target area was cited.  Work is currently underway to further improve this area for visitors.  The application includes two links to already established Public Rights of Way (FP 2715 and the Beeches bridleway 2714) on opposite sides of the Rifle Range area.  These two link paths are shown to have been well trodden over the Rifle Range, during the relevant years (1989 – 2009) by the aerial views of Google Maps. Establishing these links as Public Rights of Way will improve the access to other footpaths across the South Downs.  Evidence provided in the user forms and the aerial views strongly support the fact that the Rifle Range appears to have been used “as of right” from 1989, and in many cases, before this.

38.3   Gill Muncey, a local resident and a Steyning Parish Councillor from 2013 to 2019, spoke in support of the application.  This application is based on the period 1989 to 2009.  During the 1980s the land fell into disuse.  In the 1990s Nightingale Lane, leading from Mouse Lane  ...  view the full minutes text for item 38.

The next meeting of the Committee will be held at 10.30 am on Wednesday,
17 April at County Hall, Chichester. 

A report by the Head of Planning Services, Director of Law and Assurance and Assistant Director (Highways Transport and Planning) on:

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

39.1   The Committee noted that its next scheduled meeting would be held at 10.30 am on 24 April 2024 at County Hall, Chichester.

39.2   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’ circulated via the Agenda Update Sheet but were advised that it contained an incomplete list of Planning Applications.  A corrected list would be circulated to members after the meeting and a correct list made available at the next meeting.  Items that may be scheduled for consideration at the next meeting of the Planning and Rights of Way Committee include Planning Application WSCC/045/23.  All scheduling of items is subject to change.