PLEASE COPY AND PASTE THIS INTO AN EMAIL AND SEND TO planapps@westberks.gov.uk
Hello, There has been a recent Notice in the Newbury Weekly News from Donnington New Homes stating their intention to improve and enhance Warren Rd and its public footpath (by submitting a planning application in the near future). This is because the Public Footpath is owned by an unknown landowner and they have to follow a procedure to attempt to develop the land. I would like to ask if you would copy and paste the following and send it by email to planapps@westberks.gov.uk within the next few days as there is a deadline for replies. Thank you, Julie
To: planapps@westberks.gov.uk
Attention: Head of Planning and Countryside, West Berkshire Council
Section 66, Town and Country Planning Act 1990, Article 11 Town and Country (Development Management Procedure) (England) Order 2010.
Proposed development at Warren Rd and Park Cottage, Warren Rd, Newbury RG14 6NH
A significant part of Warren Rd (from 1 Sunley Close) is registered on the Definitive Map and Statement as Public Footpath Newbury 5 (no rights of way for motorised vehicles held on record). I claim my right of way to use this public footpath by Common Law. It is possible to demonstrate that public use has taken place openly and freely for a sufficient period and the footpath with its historic hedgerow can be viewed on the 1756/1761 John Rocque Map of Berkshire. Its historical importance making it a potentially significant Green Space Designation, a route of historic significance connecting with ancient woodland and wildlife (Good Practice Guidance for Green Infrastructure and Biodiversity). The absence of any action by the landowner who is unknown, to prevent the public from using the claimed route, can be inferred that the landowner intended to dedicate the path to the public for its intended use as a Public Footpath for recreational use.
The widening of the public footpath and the introduction of pavements beside what will then inevitably be adopted and reclassified as an adopted highway for the Sandleford Development in the future, goes against Paragraph 7.8 Defra circular 1/09 which says that any alternative route should avoid the use of estate roads wherever possible, with preference given to the use of made up estate paths through landscaped or open space areas, away from vehicular traffic. Footways (pavements) are not Footpaths. “Development should not begin until the Public Right of Way has been diverted”. (somerset.gov.uk)
“The Natural Environment and Rural Communities Act 2006 extinguishes rights of way for mechanically propelled vehicles over routes not shown on the definitive map as byways open to all traffic, subject to various exceptions”. “The Surveying Authority, and the Secretary of State if an order is opposed, will consider whether the NERC Act extinguished rights for mechanically propelled vehicles or whether any of the exceptions applied”.
In order to improve and enhance a public footpath (as shown in the drawing A090455-SK23 Figure 5.4 of the approved planning application 14/02416/FUL), Sect 53 of the Wildlife and Countryside Act 1981 states that a modification order is required to record additional rights of way already shown on the Definitive Map, where the Local Authority must be satisfied that additional rights exist. Further improvements and enhancements as suggested within this recent Notice would only add to the grounds for making a Definitive Map modification order, which arguably should have already been submitted by West Berkshire Council following their previous planning application approval 14/02416/FUL.
“If the landowners or occupiers cannot be located, the surveying authority has a power to say that the notice can be placed on the land” (A Guide to Definitive Maps and Changes to Public Rights of Way, 2008 Revision).
I object to a Definitive Map Modification Order adding any forms of motorised vehicles to the Rights of Way of Public Footpath Newbury 5.