Agenda and minutes

Venue: COUNCIL CHAMBER

Items
No. Item

1115.

Apologies for absence

Minutes:

No apologies for absence as all Members were present.

1116.

Declarations of Interest

Members of the Rights of way Committee are reminded of their personal responsibility to declare any personal and prejudicial interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.

Minutes:

Councillor B Mansbridge declared an interest in item 8 (Merthyr Vale 16) as it is his Electoral Ward.

 

Councillor D Isaac declared an interest in item 10 (Town 26) as he is the Governor of Ysgol Santes Tudful.

 

Councillor K Moran declared an interest in item 11 (Treharris 31) as it is her Electoral Ward.

 

Councillor T Chaplin declared an interest in items 13, 14 and 15 as the land is owned by Merthyr Village, for which he has a personal and prejudicial interest.

1117.

Guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way pdf icon PDF 224 KB

For information

Minutes:

Committee notes the contents of the report.

1118.

Guidance on the law relating to the Extinguishment of Public Rights of Way under the Highways Act 1980 pdf icon PDF 107 KB

For information

Minutes:

Committee notes the contents of the report.

1119.

Guidance on the law relating to the Diversion of Rights of Way under Highways Act 1980 pdf icon PDF 104 KB

For information

Minutes:

Committee notes the contents of the report.

1120.

Basic Guidance on the law relating to Order to be made until Town and Country Planning Act 1990 Section 257 pdf icon PDF 91 KB

For information

Minutes:

Committee notes the contents of the report.

1121.

Bedlinog 63 pdf icon PDF 94 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

RESOLVED that:

 

a.    Taking into consideration all the evidence which has been provided, that an order be made under s257 Town and Country Planning Act 1990 to divert the Public Footpath.

 

b.    To approve the confirmation of the Order made as a result of (a) above provided no objections or representations are made within the prescribed period or if any objections or        representations made are so withdrawn.

 

c.    If any objections or representations are made within the prescribed period are not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

 

1122.

Merthyr Vale 16 pdf icon PDF 109 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

Having declared an interest, Councillor B Mansbridge did not take part when this item was considered.

 

RESOLVED that:

 

a.    Taking into account all of the evidence which has been provided to confirm the diversion of Merthyr vale 16 from the bold line as depicted on the plan, Merthyr Vale 16, between Point A and Point B to the dashed line as depicted on the Plan, Merthyr Vale 16, between Point A and Point B.

 

b.    A Public Path Diversion Order be made to divert the bridleway.

 

c.    To approve the confirmation of the Public Path Diversion Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn.

 

d.    If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

 

1123.

Pant 13 pdf icon PDF 87 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

RESOLVED that:

 

The 2013 Order be abandoned.

 

Having abandoned the 2013 Order and

 

a.      Taking into consideration all the evidence which has been provided, that a Public Path Diversion Order be made to divert the bridleway.

 

b.      To approve the confirmation of the Public Path Diversion Order made as a result of (a) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn.

 

c.      If any objections or representations are made within the prescribed period and are not subsequently withdrawn then to refer the relevant order to the Planning Inspectorate for determination.   

 

1124.

Town 26 pdf icon PDF 103 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

Having declared an interest, Councillor D Isaac did not take part when this item was considered.

 

RESOLVED that:

 

a.    Taking into account all of the evidence which has been provided to confirm the diversion of Town 26 from the bold line as depicted on the Plan, Town 26, between Point A and Point B to the dashed line as depicted on the Plan, Town 26, between Point A and Point B.

 

b.    A Public Path Diversion Order be made to divert the footpath.

 

c.    To approve the confirmation of the Public Path Diversion Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn.

 

d.    If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

 

 

 

1125.

Treharris 31 pdf icon PDF 143 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

Having declared an interest, Councillor K Moran did not take part when this item was considered.

 

Also Councillor T Chaplin did not participate in this item.  

 

RESOLVED that:

 

a.        On the balance of probabilities there is sufficient evidence to support that the route marked with a bold black line between Points A – B – C – D – E – F – G – H – I – J – K on the plan, Treharris 31, has been used for such period so as to raise presumption that it has been dedicated as a footpath, and that the evidence has not been rebutted by other evidence.

 

b.        On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a footpath.

 

c.        To approve the confirmation of the Definitive Map Modification Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn.

 

d.        If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

 

 

 

 

1126.

Troedyrhiw 9 pdf icon PDF 103 KB

To consider a report of the Director of Customer Services. 

Additional documents:

Minutes:

Councillor T Chaplin did not participate in this item.  

 

RESOLVED that:

 

Councillors approve the making of the Extinguishment Order under Section 118 of the Highways Act 1980.

 

If Councillors resolve to make the Order and objections are received and subsequently not withdrawn the Order will be forwarded to the Planning Inspectorate for their determination.

1127.

Troedyrhiw 144 pdf icon PDF 110 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

Having declared an interest, Councillor T Chaplin did not take part when this item was considered.

 

RESOLVED that:

 

Councillors gave further consideration to the reasons for making the order and confirm that, notwithstanding that the period of use is insufficient to satisfy s31(1) Highways Act 1980, there is sufficient evidence to record the route of Troedyrhiw 144 as a footpath based on the common law and that the order should have been made on this basis under s53(3)(c)(i) Wildlife and Countryside Act 1981.

 

1128.

Troedyrhiw 160 pdf icon PDF 104 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

Having declared an interest, Councillor T Chaplin did not take part when this item was considered.

 

RESOLVED that:

 

Councillors gave further consideration to the reasons for making the order and confirm that, notwithstanding that the period of use is insufficient to satisfy s31(1) Highways Act 1980, there is sufficient evidence to record the route of Troedyrhiw 160 as a bridleway  based on the common law and that the order should have been made on this basis under s53(3)(c)(i) Wildlife and Countryside Act 1981.

 

1129.

Troedyrhiw 196 pdf icon PDF 104 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

Having declared an interest, Councillor T Chaplin did not take part when this item was considered.

 

RESOLVED that:

 

Councillors gave further consideration to the reasons for making the          order and confirm that, notwithstanding that the period of use is insufficient to satisfy s31(1) Highways Act 1980, there is sufficient evidence to record the route of Troedyrhiw 196 as a bridleway based on the common law and that the order should have been made on this basis under s53(3)(c)(i) Wildlife and Countryside Act 1981.  

 

1130.

Vaynor 25 pdf icon PDF 126 KB

To consider a report of the Director of Customer Services.

Additional documents:

Minutes:

RESOLVED that:

 

The necessary pre consultation exercise with regard extinguishment of the footpath is undertaken.

 

The matter be returned to the next available rights of way committee.

 

1131.

Any Other Business

Minutes:

The Chair advised that there was no business deemed urgent.

 

 

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