Agenda and draft minutes

The Chair welcomed all members to the meeting, introductions were then made.

Apologies were received from Councillor Al-Maghrabi.

To note any declarations of interest from the Councillors.  They are asked to indicate the relevant agenda item, the nature of the interest and in particular whether it is a disclosable pecuniary interest.

Any declarations of interest made at the meeting which is not on the register of interests should be notified to the Monitoring Officer for inclusion.

None declared.

To agree the minutes of the previous meeting as a correct record.

The Minutes of the Public Rights of Way & Greens Committee meeting held on 11 July 2024 were agreed as a correct record.

Up to 30 minutes is allowed for this item.

Any member of the public or Councillor may participate in Public Forum.  The detailed arrangements for so doing are set out in the Public Information Sheet at the back of this agenda.  Public Forum items should be emailed to democratic.services@bristol.gov.uk and please note that the following deadlines will apply in relation to this meeting: -

Questions - Written questions must be received 3 clear working days prior to the meeting.  For this meeting, this means that your question(s) must be received in this office at the latest by 5 pm on 27 September 2024.

Petitions and Statements - Petitions and statements must be received two clear working days prior to the meeting.  For this meeting this means that your submission must be received in this office at the latest by 5 pm on 30 September 2024.

Members of the press and public who plan to attend a public meeting at City Hall are advised that you will be required to sign in when you arrive, and you will be issued with a visitor pass which you will need to display at all times.

None received.

The Network Operations Manager introduced the report and highlighted key points regarding some of the itemslisted in AppendixA - Applications for Definitive Map Modification Orders, Appendix B – Miscellaneous rights of way orders, Appendix C – Enforcement actions and Appendix D – PROW improvement programme.

RESOLVED– that the report be noted.

The Committee received a report seeking to determine an application for an order under the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by the addition of a footpath from Argyle Place to Cliftonwood Terrace.

Members were advised that Bristol City Council as Highway and Surveying Authority had a statutory duty, under Section 53(2) of the Wildlife and Countryside Act 1981, to keep the Definitive Map and Statement under continuous review and to determine any valid applications for modification orders that were received.

In addition, although there were no specific resource implications arising from the application if an Order was made, any objections received that were not withdrawn would mean that there would be cost implications if the Secretary of State subsequently decided to hold a public inquiry or hearing. A right of way added to the Definitive Map in this way would be publicly maintainable if it could be shown to have existed prior to the Highways Act 1959 coming into force.

In response to a member query about the definition of ‘by right’ versus ‘as of right’ the Network Operations Manager clarified that the evidence clearly showed that the claimed routes had been used ‘as of right’, and without interruption, according to the public record, for a period of 20 years prior to 1997. It was after this point that the public’s right to use the way was brought into question by the prevention of access to Cliftonwood Terrace to what previously open space was, as described in the report.   

Subsequent to that there was insufficient evidence available to indicate that landowners had taken overt action to demonstrate to users that they did not intend to dedicate a right of way over the claimed route for at least 20 years prior to 1997.  

It had therefore been concluded that having regard to all the evidence available, that on a balance of probabilities, a presumption of dedication of the public footpath between points A-B-C had been raised.

The report therefore recommended that the Order be made under section 53(2)(b) of the Wildlife and Countryside Act 1981 to add the claimed public footpath to the Definitive Map and Statement on the basis of the occurrence of an event under s.53(3)(b). The report also recommended that the Council confirm the Order if it was unopposed or to ask the Secretary of State to confirm the application if it was opposed.

Arising from further discussion members requested officers to consider a diversion of the footpath, the Network Operations Manager agreed to include a statement about this in the documentation but confirmed that this could not be included as part of the Definitive Map Modification Order process.

On being put to the vote it was unanimously -

RESOLVED–

1.      That the Head of Legal Services be authorised to make and advertise a Definitive Map Modification Order to show a footpath in the Definitive Map and Statement, as shown on the plan attached to the report.

2.      That if  ...  view the full minutes text for item 7.