Rights of Way & Highway Licensing Panel
Monday 15 December 2014 6.30 pm
To listen to an audio recording of the Part I section of this meeting, go to:
http://www.rbwm.gov.uk/web/41472.htm
RIGHTS OF WAY & HIGHWAY LICENSING PANEL
15 DECEMBER 2014
PRESENT: Councillors John Stretton (Chairman), Maureen Hunt (Vice-Chair), Wisdom DaCosta, Jesse Grey (sub for James Evans), Mohammed Ilyas and Gary Muir.
Officers: Anthony Hurst and Tanya Leftwich.
PART I
09/14 APOLOGIES FOR ABSENCE
Apologies were received from Councillor James Evans.
10/14 DECLARATIONS OF INTEREST
- None were received.
11/14 MINUTES
RESOLVED: That the minutes of the meeting of the Panel held on 5 June 2014 be approved.
12/14 BRAY RESTRICTED BYWAY 60 (PART): PROPOSED EXTINGUISHMENT ORDER
The Chairman asked the Principal Rights of Way Officer to outline the report to the Panel.
The Principal Rights of Way Officer, Anthony Hurst, explained to Members that the report was to seek approval to make and publish an Extinguishment Order for part of Bray Restricted Byway 60, which ran from the Drift Road opposite the ‘New Lodge’ estate to Braywood House and to make a Definitive Map Modification Order to record the width of the remaining section of the restricted byway.
The Principal Rights of Way Officer referred Members to the draft order plans in Appendix 1.
The Principal Rights of Way Officer went onto explain that all costs would be met by the applicant which meant there would be no cost to the Council arising from the extinguishment proposal.
Members were informed that the Local Access Forum, Bray Parish Council, East Berkshire Ramblers, British Horse Society, Cycle Forum, British Driving Society and Ward Members had been informally consulted and no objections had been made to the extinguishment proposal. The Principal Rights of Way Officer explained that if the Panel approved the making of an Order, statutory consultations would be undertaken which would entail the posting of Notices on site and in the Maidenhead Advertiser, and formal written consultations with statutory consultees. If any objections are received during the statutory 28 day consultation period the proposal would be reported back to the Panel for further consideration.
In the ensuing discussion the following points were made:
- The Principal Rights of Way Officer explained that the land in question was private land that had a public right of way on it.
- It was noted that extinguishment order, if approved, would be permanent.
- Members were informed that a hedge had been planted on the rights of way in the early 1980’s and whilst it had been recorded as an obstruction in 1992 no complaints had been received about it.
- The Principal Rights of Way Officer explained that he believed it had once been a carriageway to the graveyard.
- Members were informed that the public right of way on this land was not a through-route.
The Vice-Chair proposed that the Panel authorised the Head of Legal Services, in consultation with the Strategic Manager of Highways and Transport, to make and publish an Extinguishment Order for Bray Restricted Byway 60 (part) as detailed in this report which Councillor Ilyas seconded.
- If no objections are received following publication of the Order, or any such objections are subsequently withdrawn, to confirm the Order without further recourse to the Panel.
- If objections are received and not subsequently withdrawn, to report the proposal back to the Panel for further consideration.
- RESOLVED: Unanimously that the Panel authorised the Head of Legal Services, in consultation with the Strategic Manager of Highways and Transport, to make and publish an Extinguishment Order for Bray Restricted Byway 60 (part) as detailed in this report.
- Tuesday 3 March 2015.