Issue - meetings

Wildlife and Countryside Act 1981 application to add right of way in the parish of Long Marton

Meeting: 22/01/2020 - Development Control and Regulation Committee (Item 105)

105 WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A PUBLIC RIGHT OF WAY AT BRAMPTON IN THE PARISH OF LONG MARTON: DISTRICT OF EDEN pdf icon PDF 3 MB

[Electoral Division: Appleby]

 

To consider a report from the Executive Director – Economy and Infrastructure

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding the Wildlife and Countryside Act 1981 – Section 53 Application to add a public right of way at Brampton in the parish of Long Marton: district of Eden. The report advised that an application had been received to add a section of public bridleway adjacent to Midtown Farm, Brampton in the Parish of Long Marton to the County Council’s Definitive Map and Statement of Public Rights of Way.  The plan at Appendix A of the report showed the path to be added and a location plan was also attached at Appendix C of the report. The purpose of the report was to present Members with the evidence regarding the use of the route, and for a decision to be made whether to proceed with the next stage of the process by making a legal order.

The Countryside Access Officer presented the background to the application and a plan showing the route. He showed an overhead image of the area. Members were shown other rights of way in the area and the public bridleway to be added. He reported on the 32 rights of way evidence forms that had accompanied the application.

A member referred to the lack of evidence of bicycles using the route and talked about the status of the route. The Countryside Access Officer advised on recent legislation used to determine the status of a route. It was raised by a member that the footpath appeared to go around the outside of the farmyard. The Countryside Access Officer agreed that the path historically went around the farm and not through the yard but that recent development and removal of a wall had caused the path to now be included within the curtilage of the development.

Following a member question on who would maintain the surface of the public bridleway, the Countryside Access Officer stated that surface maintenance would be undertaken by Cumbria County Council and to a standard equivalent to the condition of the route when the application was made.

The position of the present day gates were identified for the Committee and clarification was provided that the site had previously been a working farm but was now a housing development site into which the claimed path had been merged. Clarification was also provided by the Countryside Access Officer that evidence of use was ‘implied’ from the landowner for two users whilst the majority of other users had not been given permission.

The people indicated below had attended the meeting to speak, or asked a representative to speak on their behalf, under the Public Participation Scheme. 

1       Councillor A Connell – Local Member

 

(Read out by the Manager Development Control and Countryside Management)

 

I wrote about this to relevant Council officers in November 2018.  It was clear that there was a general local demand to add a public right of way because the status of the existing route was ambiguous and a landowner had been  ...  view the full minutes text for item 105