Agenda item

This report seeks a decision to approve an application to extinguish part of the width of Public Bridleway No. 29 Woldingham.

Declaration of Interest: None

Officer attending: Daniel Williams, Countryside Access Officer

Public Speakers:

Nicky Hodgetts spoke in objection of the application, and made the following points:

·         The footpath is used regularly by riders and walkers and this would be handing land over for parking for the few rather than for well-being and enjoyment of all.

·         Residents in the properties bought their homes knowing the parking situation and she believes the properties have allocated parking already. It would only benefit the individual home owner financially making their property more attractive when they come to sell.

The applicant Mr Tony Clarke took the opportunity to respond to the objections raised. He made the following points:

• He submitted the application to formalise the arrangements that have been taking place with no complaint in the past 25 years.
• The bridleway is never obstructed and users can pass by.
• Horse riders and walkers will still have one of the best surfaced rights of way in the area even with the reduction in width.

The Officer, presented the report and stated that the owner of the land has given his written agreement to the proposal. The Council believes that the 4m width would be sufficient for the bridleway and would formalise the parking that has been taking place since 1995 without complaint.

On a point of order, the Officer confirmed that the land is owned by the owner of ‘The Shires’ and not the County Council, although SCC do have an interest in the surface of the path. Parking has taken place for 25 years without complaint from users of the Bridleway.

The Officer confirmed that if agreed by the Committee, the Council would enter a works agreement with the land owner to ensure that different coloured cobbles are used on the path for uses to distinguish between the parking area and bridleway.

Members Discussion: Key Points

• A Member felt that whilst on paper it would appear that the decision would reduce access for walkers and horse riders, however having attended a site visit, she felt there would be adequate room for cars to be parked and walkers and horses to pass without any limitations.
• It was asked if there was a requirement in the assessment for emergency vehicles to be able to access properties, as there are cottages at the end of the path in this situation?

The Officer advised that he did not believe there was a requirement to do so, and therefore it had not been specifically considered in this case. The Area Highways Officer stated that whilst it had not been assessed at this site, in other locations where there are properties in isolated locations, the emergency services have specialist vehicles to access properties.

Resolution

The matter was put to the vote with a show of hands.

Members in favour of recommendation: 7

Members opposed to recommendations: 0

Members abstaining: 2

The Local Committee (Tandridge) APPROVED:

(i)            The application from the owner of ‘West Stables’ to extinguish part of the width of Public Bridleway No. 29, Woldingham as shown on Drg. No. 3/1/35/H5.

Reasons for recommendation:

Members agreed with Officers that in their view the criteria for making a Partial Width Extinguishment Order under section 118 of the Highways Act 1980 have been met.