Issue - meetings

The item was introduced by Darren Lee (Rights of Way Definitive Mapping Officer). He explained an application had been made to divert a bridleway by the owner of the land over which the pathway passed. Some objections to this had been raised. The proposal was for members to recommend granting approval for the diversion, although the final decision would need to be made by the Secretary of State for the Environment.

The bridleway runs between Holly Lane and Grove Lane. One entrance was through a commercial yard, which was used to store rapeseed oil, with the path running through the yard. The proposal was to divert the path across fields and to come out onto Grove Lane through an existing break in the hedge.

Darren Lee outlined the legislation that had been taken into consideration when arriving at the recommendation to approve the application. This included the legal tests that the revised path should be as substantially as convenient to the public, and should be expedient in the interests of the landowner.

Regarding objections that had been raised by members of the public, Darren Lee said the bridleway would open out onto the same stretch of Grove Lane. It would no longer go through a commercial yard and would instead go across open fields, which were further back from the adjacent motorway. The proposed route had been suggested by the landowner; alternatives had been proposed but the landowner had not pursued these. Objections had been raised on the grounds there were no suitable grass verges on Grove Lane for horse riders to pull over onto on the revised section, but members were told there were none on the existing carriageway. Objections had also been raised on the basis the proposed egress onto Grove Lane came out onto a blind bend. Darren Lee said this was subjective and in the opinion of officers this was not the case. Additionally, having consulted with the police, it had been confirmed there had been no accidents resulting in injuries to either drivers or horse riders on Grove Lane within the previous five years.

The Parish Council had recently written to confirm it supported the application.

Responding to a question from Councillor Adrian Warwick, Darren Lee said the yard had originally been used as a goods storage area during the construction of the M6 toll road. The yard had been built with the route of the bridleway in mind when it was built in 1998.

Members were told there had been two separate legal challenges against the current route regarding it causing an obstruction. The first had been dismissed by magistrates because, in their view, there was no obstruction caused by the gate at the entrance to the bridleway, or at most it was minimal. The second case was due to be heard in November. However members were advised the ongoing legal challenge should not affect their decision making; effectively, the matter would fall away if the recommendation to grant approval was followed.

The Chair  ...  view the full minutes text for item 4