Agenda and minutes

Venue: COUNCIL CHAMBER

Items
No. Item

211.

Apologies for absence

Minutes:

No apologies for absence were received as all Members were present.

212.

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.

 

Note:

 

a.    Members are reminded that they must identify the item number and subject matter that their interest relates to and signify the nature of the personal interest; and

 

b.    Where Members withdraw from a meeting as a consequence of the disclosure of a prejudicial interest they must notify the Chair when they leave.

 

Minutes:

Councillor K Moran Declared her Interest in the following items as she was a Ward Member for the Treharris Electoral Division:

 

Treharris 40, Treharris 46, Treharris 47, Treharris 48 and Treharris 49.

 

Councillor S Slater Declared her Interest in the following item as she was a Ward Member for the Town Electoral Division:

 

Town 26.

 

Councillor B Mansbridge Declared his Interest in the following item as he was a Ward Member for the Merthyr Vale Electoral Division:

 

Treharris 40.

 

213.

Guidance on the Law relating to the Continuous Review of the Definitive Map and Statement of Public Rights of Way pdf icon PDF 464 KB

To receive this Guidance for information.

Minutes:

Resolved that:

 

The Guidance be received.

214.

Guidance on the Law relating to the extinguishment of Public Rights of Way under the Highways Act 1980 pdf icon PDF 27 KB

To receive this Guidance for information.

Minutes:

Resolved that:

 

The Guidance be received.

215.

Guidance on the Law relating to the Diversion of Rights of Way under Highways Act 1980 pdf icon PDF 33 KB

To receive this Guidance for information.

Minutes:

Resolved that:

 

The Guidance be received.

216.

Troedyrhiw 115 pdf icon PDF 441 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Troedyrhiw 115.

 

Resolved that:

 

In respect of Troedyrhiw 115

 

(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 on the plan, Troedyrhiw 115, 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 the Definitive Map Modification Order to show Troedyrhiw 115 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

 

 

In respect of Troedyrhiw 203

 

(a)   On the balance of probabilities there is sufficient evidence to support that the route marked with a bold black line between Points D – E on the plan, Troedyrhiw 115 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 the Definitive Map Modification Order to show Troedyrhiw 203 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

 

In respect of Troedyrhiw 205

 

(a)   On the balance of probabilities there is sufficient evidence to support that the route marked with a bold black line between Points F – G – H – I – J on the plan Troedyrhiw 115 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 the Definitive Map Modification Order to show Troedyrhiw 205 as a footpath

(c)   To approve the confirmation of the Definitive Map Modification Order made as  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

 

 

In respect of Troedyrhiw 204

 

(a)   On the balance of probabilities there is sufficient evidence to support that the route marked with a  ...  view the full minutes text for item 216.

217.

Treharris 40 pdf icon PDF 438 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Treharris 40.

 

Councillor K Moran and Councillor B E Mansbridge having Declared their Interest in this item did not vote.

 

Resolved that:

 

In respect of Merthyr Vale 21

 

(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 on the plan, Treharris 40 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 the Definitive Map Modification Order to show Merthyr Vale 21 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

 

 

In respect of Merthyr Vale 24

 

(a)   On the balance of probabilities there is sufficient evidence to support that the route marked with a bold black line between Points B – J – K – E on the plan, Treharris 40 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 the Definitive Map Modification Order to show Merthyr Vale 24 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

 

 

In respect of Treharris 40

 

(a)   On the balance of probabilities there is sufficient evidence to support that the route marked with a bold black line between Points E – F – G – H on the plan, Treharris 40 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 the Definitive Map Modification Order to show Treharris 40 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 of 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  ...  view the full minutes text for item 217.

218.

Troedyrhiw 114 pdf icon PDF 383 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Troedyrhiw 114

 

The Committee were circulated with correspondence that had been received from the three Ward Councillors together with correspondence received from South Wales Police in relation to:

 

·         Troedyrhiw 114, Troedyrhiw 76 and Troedyrhiw 77.

 

Councillors were then shown all the points at which requests for barriers had been made.

 

After consideration by the Committee it was

 

Resolved that:

 

(a)   The recommendations as contained within the report be not accepted

(b)   No barriers be installed along this section of the Taff Trail

219.

Troedyrhiw 77 pdf icon PDF 393 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Troedyrhiw 77

 

The Committee were circulated with correspondence that had been received from the three Ward Councillors together with correspondence received from South Wales Police in relation to:

 

·         Troedyrhiw 114, Troedyrhiw 76 and Troedyrhiw 77.

 

Councillors were then shown all the points at which requests for barriers had been made.

 

Resolved that:

 

(a)   No Diversion be made at Point A and no furniture be installed either

(b)   No furniture be installed at Point B

(c)   No furniture be installed at Point C

(d)   No furniture be installed at Point D

220.

Troedyrhiw 76 pdf icon PDF 382 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Troedyrhiw 76.

 

The Committee were circulated with correspondence that had been received from the three Ward Councillors together with correspondence received from South Wales Police in relation to:

 

·         Troedyrhiw 114, Troedyrhiw 76 and Troedyrhiw 77.

 

Councillors were then shown all the points at which requests for barriers had been made.

 

Resolved that:

 

No furniture be installed at Point C

221.

Treharris 46 pdf icon PDF 390 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Treharris 46

 

Councillor K Moran having Declared her Interest in this item did not vote.

 

Resolved that:

 

(a)   Council dedicate the route as depicted on the plan Treharris 46 between Points A – B as a bridleway

(b)   A dedication agreement be drawn up in respect of the route

(c)   Once the dedication agreement has been effected that site notices are placed at each end of the route and that a Definitive Map Modification Order be made under s53(3)(a)(iii) Wildlife and Countryside Act 1981

222.

Treharris 47 pdf icon PDF 390 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Treharris 47

 

Councillor K Moran having Declared her Interest in this item did not vote.

 

Resolved that:

 

(a)   Council dedicate the route as depicted on the plan Treharris 47 between Points A – B as a bridleway

(b)   A dedication agreement be drawn up in respect of the route

(c)   Once the dedication agreement has been effected that site notices are placed at each end of the route and that a Definitive Map Modification Order be made under s53(3)(a)(iii) Wildlife and Countryside Act 1981

223.

Treharris 48 pdf icon PDF 390 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Treharris 48

 

Councillor K Moran having Declared her Interest in this item did not vote.

 

Resolved that:

 

(a)   Council dedicate the route as depicted on the plan Treharris 48 between Points A – B as a bridleway

(b)   A dedication agreement be drawn up in respect of the route

(c)   Once a dedication agreement has been effected that site notices are placed at each end of the route and that a Definitive Map Modification Order be made under s53(3)(a)(iii) Wildlife and Countryside Act 1981

224.

Treharris 49 pdf icon PDF 391 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

The Committee walked Treharris 49

 

Councillor K Moran having Declared her Interest in this item did not vote.

 

Resolved that:

 

(a)   Council dedicate the route as depicted on the plan Treharris 49 between Points A – B – C – D – E as a bridleway

(b)   A dedication agreement be drawn up in respect of the route

(c)   Once the dedication agreement has been effected that site notices are placed at each end of the route and that a Definitive Map Modification Order be made under s53(3)(a)(iii) Wildlife and Countryside Act 1981

225.

Bedlinog 80 pdf icon PDF 389 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

(a)   Council dedicate the route as depicted on the plan Bedlinog 80 between Points A – B as a bridleway

(b)   A dedication agreement be drawn up in respect of the route

(c)   Once the dedication agreement has been effected that site notices are placed at each end of the route and that a Definitive Map Modification Order be made under s53(3)(a)(iii) Wildlife and Countryside Act 1981

226.

Bedlinog 81 pdf icon PDF 389 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

(a)   Council dedicate the route as depicted on the plan Bedlinog 81 between Points A – B as a bridleway

(b)   A dedication agreement be drawn up in respect of the route

(c)   Once the dedication agreement has been effected that site notices are placed at each end of the route and that a Definitive Map Modification Order be made under s53(3)(a)(iii) Wildlife and Countryside Act 1981

227.

Bedlinog 68 pdf icon PDF 390 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

(a)   A Definitive Map Modification Order be made to include the gate authorised under delegated authority and to remove the gate that is referred to within the current Order adjacent to the Shingrig Road

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

(c)   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

228.

Town 26 pdf icon PDF 383 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Councillor S Slater having Declared her Interest in this item did not vote.

 

Resolved that:

 

(a)   Councillors approve the making of an Extinguishment Order under Section 118 Highways Act 1980

(b)   To approve the confirmation of the Extinguishment 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 not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination

229.

Dowlais 18 pdf icon PDF 398 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

(a)   Taking in to account all of the evidence which has been provided to confirm the diversion of Dowlais 18 from the dashed black line as depicted on the Plan Dowlais 18 old between Point A and Point B to the bold black line as depicted on the Plan Dowlais 18 new 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

 

230.

Dowlais 17 pdf icon PDF 380 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

(a)   A Definitive Map Modification Order be made to reflect the change in surface

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

(c)   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

231.

Dowlais 41 pdf icon PDF 390 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

(a)   Council dedicate the route as depicted on the plan Dowlais 41 between Points A – B – C – D as a footpath

(b)   A dedication agreement be drawn up in respect of the route

(c)   Once the dedication agreement has been effected that site notices are placed at each end of the route and that a Definitive Map Modification Order be made under s53(3)(a)(iii) Wildlife and Countryside Act 1981

232.

Cyfarthfa 12 pdf icon PDF 381 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

(a)   A Definitive Map Modification Order be made to reflect the change in surface and the widening of the bridleway

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

(c)   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

233.

Cyfarthfa 1 pdf icon PDF 384 KB

To consider report of Corporate Director Place and Transformation.

Additional documents:

Minutes:

Resolved that:

 

A Creation Order be made to record a bridleway along the route of Cyfarthfa 1.

234.

Any other Business as deemed urgent by the Chair

Minutes:

The Chair advised that there was no other business deemed urgent.

 

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