Meeting documents

Rights of Way & Highway Licensing Panel
Monday 20 July 2015 6.30 pm


RIGHTS OF WAY & HIGHWAY LICENSING PANEL

20 JULY 2015

PRESENT: Councillors Maureen Hunt (Chairman), Clive Bullock (Vice-Chair), John Collins, Mohammed Ilyas, Gary Muir and Lynda Yong.

Also Present: Fiona Beaumont, Dennis Orchard, Jill Oseman and Richard Scarf.

Officers: Anthony Hurst, Tanya Leftwich and Catherine Woodward.

PART I

01/15 APOLOGIES FOR ABSENCE

Apologies were received from Councillor Samantha Rayner.

02/15 DECLARATIONS OF INTEREST
        Councillor Clive Bullock declared a personal interest in Item 4 on the agenda (Cookham Bridleway 19 Surfacing Project) as he knew one of the registered speakers through his children.
        The Chairman informed everyone present that the meeting was being recorded and would be made available on the RBWM website.

03/15 MINUTES

RESOLVED: That the Part I minutes of the meeting of the Panel held on 3 March 2015 be approved.

04/15 COOKHAM BRIDLEWAY 19 SURFACING PROJECT

The Chairman welcomed everyone to the meeting and explained that Fiona Beaumont and Jill Oseman had registered to speak against the item and had three minutes to share, that Richard Scarf had registered to speak on behalf of the Cookham Society and Dennis Orchard had registered to speak in favour of the item and had three minutes to address the Panel.

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 sought the Panels approval to undertake surface improvement works at Cookham Bridleway 19, to enable year-round access for all users. It was noted that the northern part of the bridleway was currently an unsurfaced track; the southern part was surfaced with recycled road plannings in 2012 by the landowner, the Copas Partnership.

The Principal Rights of Way Officer went onto explain that the report set out three options for the northern part of the bridleway: surface the bridleway with limestone scalpings, surface the bridleway with road plannings, or leave the track unsurfaced as at present.

The Principal Rights of Way Officer explained that the northern part of the bridleway was currently unsurfaced and became very muddy and churned up in winter months, or after heavy rain. Members were informed that the southern part of the bridleway was surfaced with recycled road plannings in 2012 by the landowner, and was subsequently topped with a layer of wood-chippings. The Principal Rights of Way Officer went onto explain that since 2012, various discussions and consultations had been held with the landowner, local horse riders’ and Cookham Parish Council, and various options considered for surface improvements along the northern part of the bridleway. Members noted that following a review of surface conditions over the winter months of 2014/15, and consultations with Cookham Parish Council a decision had been taken in March 2015 to proceed with surfacing the northern part of the bridleway with limestone scalpings and limestone dust, over a chalk sub-base, with the works to be carried out in July/August 2015. It was noted that the landowner had subsequently requested that this decision be reviewed and that the surface should instead be recycled road-plannings topped with a layer of woodchips, (i.e. similar to the surface laid along the southern part of the bridleway in 2012) whilst ramblers, walkers and horse riders’ had requested other preferences. The Principal Rights of Way Officer explained that the Council had also recently been contacted by a local horse rider requesting that the decision to surface the northern part of the bridleway be reconsidered, and the track left unsurfaced as at present.

The Principal Rights of Way Officer referred Members to the site plan in Annexe 1 (section A-B) and the consultation responses from horse riders’ in Annexe 2. It was noted that late observations had been received from the landowner Tom Copas, the East Berks Ramblers and three Councillors (Councillors MJ Saunders, Kellaway and Sharma). It was noted that Councillor MJ Saunders supported Option 1, Councillor Kellaway supported Option 2 and Councillor Sharma supported Option 2. Copies of the late observations were provided by the Clerk to Members, speakers and attendees and the comments received from Members were read out by the Principal Rights of Way Officer.

The Chairman requested that Councillor Sharma’s comments in relation to Cookham Bridleway 19 received via email be recorded in the minutes which were as follows “Could you also pass on my comments to the owner of the farm by congratulating him for his brilliant work to put up a new fence all around farm which has improved the safety of our residents. Since last time I visited this farm I have seen lot of efforts from the owner to deal with the litter issue which had certainly encouraged more walkers to enjoy rural life in the north west of Maidenhead.”

The Principal Rights of Way Officer showed everyone present photos of the bridleway on different dates along with examples of limestone surfaced paths in Hurley, Horton and Bray.

Members were asked to consider whether the bridleway needed surfacing and if so, with what material.

The Chairman invited the objectors, Fiona Beaumont and Jill Oseman, to address the Panel. Fiona Beaumont explained that the historical bridleway was very popular and a natural gateway which was very well promoted. It was noted that the proposed changes were stated as improvements when they felt them to be path destruction. Fiona Beaumont went onto explain that the southern part of the bridleway had already been unsuitably covered. Members were informed that it was an assumption that walkers preferred to walk on surfaced paths. Fiona Beaumont informed Members that she had previously expressed her concern that a road surface topped with a layer of woodchips would not be durable when it was proposed that the southern part be surfaced with recycled road plannings in 2012 by the landowner. It was noted that the chips had been due to be topped up until they grassed over naturally which to date had not happened. Fiona Beaumont urged Members to decide on Option 3 which was to do nothing and leave the northern part of the bridleway unsurfaced as it would save spending £17,100.

The Chairman thanked Fiona Beaumont for addressing the Panel on behalf of herself and Jill Oseman.

The Chairman invited Richard Scarf who was speaking on behalf of the Cookham Society to address the Panel. Richard Scarf explained that the Cookham Society was made up of 800 member households and that there were 1600 members in Cookham. Members were informed that the Cookham Society had known of the maintenance issues which had been around for some time. It was noted that the Cookham Society wanted as many people as possible to be happy as possible with the decision made regarding the bridleway. Richard Scarf explained that the Cookham Society believed there to be two options available to the Council – one option involved major sums of money and the second option was an alternative “fourth option” which was to ask the landowner to lease the Council a piece of land, unsurfaced, that horse riders’ could use, running parallel to the existing bridleway, It was noted that this fourth option would result in the horse riders’ breaking up the surface less. Richard Scarf explained that many of the objectors were against surfacing a rural bridleway. It was noted that if a piece of land approximately five metres wide by four hundred metres long was leased from the landowner it would equate to a loss of crop value of approximately £250-300 per annum which Richard Scarf felt were fairly minor costs compared to the options the Council was proposing. Richard Scarf explained that the landowner could surface the existing track for his own purposes at his own cost.

The Chairman thanked Richard Scarf for addressing the Panel.

The Chairman invited Dennis Orchard who was speaking in favour of the item to address the Panel. Dennis Orchard explained that he lived on Malders Lane so was intimately aware of the area as a walker, a cyclist and dog walker. Members were informed that until 2012 nothing had been done to the bridleway hence he would not walk there in the winter because it was too muddy. Dennis Orchard went onto explain that since 2012 it had been much easier for walkers to use the bridleway all year round. Members were informed that if the top part of the path was made to the same standard as the southern part of the bridleway it would increase multi-use traffic. Dennis Orchard went onto explain that he had seen horse riders’ happily cantering all the way up the bridleway path but felt it should be improved with Option 2 as he felt road plannings to be a more suitable, durable method.

The Chairman thanked Dennis Orchard for addressing the Panel.

In the ensuing discussion the following points were made:
The Principal Rights of Way Officer explained that if Option 1 or Option 2 was chosen then chalk would be used as the sub-base.
The Chairman explained that the British Horse Society had issued guidance on bridleways which stated that the needs of horse riders’, cyclists and pedestrians should all be taken into account. The Chairman went onto say that Members should take the Council’s recommendations into account to benefit all off-road users and that use by one should not prejudice use by another.
The Principal Rights of Way Officer explained that he had met with the landowner last year to explore all the options very thoroughly but that the option of creating an additional parallel track for horse riders’ had been rejected because of the impact on the landscape and because it would result in a loss of crops and productive land.
Councillor Bullock stated that figures regarding usage of the bridleway path which had been estimated by the landowner as approximately 85% walkers, 10% cyclists and 5% horse riders’ had swayed him to believe Members should go with Option 1 or Option 2.
Councillor Muir stated that whilst he was sympathetic to the horse riders’ he too noted the percentage of walkers / ramblers that used the bridleway path. It was noted that Councillor Muir suggested that the landowner be approached to see if he would re-consider Option 4 (a parallel track). The Principal Rights of Way Officer explained that an overall feasibility discussion had taken place and leasing land to create a parallel track would not have been a cost effective option for the Council.
It was noted during the meeting:
            • That recycled road plannings contain tarmac which could create a harder surface that was not ideal for horses to use, and road plannings were not as pure as limestone.
            • That the top layer of limestone dust over limestone scalpings gave the surface a bit of ‘give’.
            • That it was the horse riders’ responsibility to decide if it was suitable / safe for them to canter, taking into account the type of surface and other users.
            • That all users of a multi use path needed to pay due care when using the path.

The Vice-Chair proposed that the Panel authorised the Council to proceed with surfacing works along the northern section of Cookham Bridleway 19 which Councillor Yong seconded.
          RESOLVED: Unanimously that;
                    (i) The Council proceeds with surfacing works along the northern section of Cookham Bridleway 19, as set out in Option 1 and shown on the site plan.
        The Chairman, on behalf of the Panel, thanked everyone for attending the meeting.
05/15 DRAFT PUBLIC RIGHTS OF WAY MANAGEMENT AND IMPROVEMENT PLAN 2016-2026

The Principal Rights of Way Officer explained to Members that the report sought the Panel’s approval to publish the “Draft Public Rights of Way Management and Improvement Plan 2016-2026”, attached at Appendix 1. It was noted that all local highway authorities had a statutory duty to publish and review their Public Rights of Way Improvement Plans every ten years. The Principal Rights of Way Officer explained that the Royal Borough’s current Plan ran from 2005-2015 and the replacement Plan would cover the period 2016-2026. It was noted that the Plan set out the Council’s strategy for managing and improving the public rights of way network and other accessible routes in the Royal Borough over the next ten years.

The Principal Rights of Way Officer informed Members of some amendments to ‘Statement of Actions’, arising from the preliminary consultation, which were noted as follows (amendments underlined):
          • 1.2 Amend to: “Ensure that public rights of way potentially affected by development proposals are fully considered in the development control process, and that opportunities are taken to secure funding in association with development proposals where appropriate”.
          • 1.8 Delete reference to establishment of Quiet Lanes.
          • 1.12 (b) Amend to “Encourage engagement with Schools, Scouts, Guides and other groups to undertake path improvement works”.
          • 1.12 (c) Amend to “Engage with community focussed projects and initiatives, including Community Payback projects.
          • 3.3 Amend to “ Promote the health benefits of walking, cycling and horse riding”.
The Principal Rights of Way Officer informed Members of one addition to the list of ‘Site Specific Schemes’ which was noted as follows (amendments underlined):
        Additional project:
          • “Work with Wokingham Borough Council to secure a new off-road horse riding link between Star Lane (Hurley) and Canhurst Lane by upgrading Wargrave Footpath 42”.
        The Principal Rights of Way Officer explained that if the Panel approved the Draft Plan a statutory public consultation would run from August to October 2015 and any representations received would be reported to the Local Access Forum on the 11 November 2015 for comment, and then onto the Panel on the 7 December 2015 with a view to approving the Final Plan which would come into effect on 01 January 2016.
                  RESOLVED: Unanimously that the Panel approved the publication of the “Draft Public Rights of Way Management and Improvement Plan 2016-2026” for a 10-week consultation period during August-October, and that all representations and comments received to be reported back to the Panel at its 7th December 2015 meeting.
06/15 DATES OF FUTURE MEETINGS
          • Thursday 17 September 2015.
          • Monday 7 December 2015.
          • Thursday 10 March 2016.
07/15 MEETING
        The meeting, which opened at 6.30pm, closed at 7.17pm.