Meeting documents

Apologies for absence were received from David Briggs, Gavin Caspersz, Glyn Thomas and Lesley Clarke OBE.

Changes in membership

Sara Randle, The Cyclist’s Touring Club, Andrew Clarke, The Chiltern Society and Alison Heath, The British Horse Society were welcomed as new members of the Forum.

None

The minutes of the meeting of the 5 November 2014 were agreed as a correct record.

Page 9

LEADER funding has not been launched as yet in the Chilterns and the Clay Vales. The assumption is a division into two areas. Mike Furness, interim Programme Manager (ex-Rights of Way officer) has advised that funding could be available for rural businesses from the European Agricultural fund. The Chiltern Conservation Board has submitted applications for funding for the Chiltern Cycleway and the Chiltern Tourist network project.

In terms of the work involved in applying for funding, a bank account is required to make a bid as an independent body for LEADER funding. Liaison needs to take place with the project manager and volunteers to make a bid.  More information is to follow.

A meeting has taken place with the Chiltern Society to discuss the issues raised around reports. A new reporting system is in place which should help to resolve the situation.

Has the issue of the Chiltern area being omitted by DEFRA in its new allocations of the LEADER funding been resolved? This will be confirmed.

Action: Jonathan Clark

Item 5 – EWR update

Phil Turner, Definitive Map Officer gave the following update.

Part of the role of the Definitive Map and Land Charges team is liaison with Network rail regarding the East West Rail (EWR) project.

Network Rail has been involved in all of the public consultation that has taken place about crossings that need to be extinguished. They have ensured that local people have been kept informed and have been invited to evening meeting.  The public consultation phase and stakeholder meetings finished in January 2015.  Comments and suggestions can still be submitted and discussions can take place on the website.  Progress about the crossings has been slower than expected.

Jonathan Clark explained that the options were set out last year but these are still open to change. There are some non-contentious public Rights of Way conversions near to bridges and some minor changes to the network.

Draft diversion orders will be produced for the easier works in the next six months. Further work needs to take place on the more contentious diversions.

If there is a preferred option, Network Rail has met with the landowner, followed by a site visit with the county officer to determine there is nothing untoward.  If the option is agreed, Network Rail are sent a list of stiles, bridges and gates likely to be required.

Under Section118A of the Highways Act 1980, a pilot diversion order has been issued for Swanbourne Old Station. There will be the usual time period for objections.  The diversion order has very little content.  There are some concerns about this particular route.  There is still a lot of work to take place.

The following questions were asked.

Where the landowner doesn’t agree to the diversion orders, is there still the power to make a diversion order? We try to make sure the landowner is happy with the diversion order.  If an objection is raised, it is likely that the diversion order could be withdrawn.  A Transport and Works Act 1992 order could be put in place at a later stage.

Is a Transport and Works Order enforceable? There are still grounds for objection.  A Transport and Works order is primary legislation.  The aim is to demonstrate that the correct process has been followed and for all involved to reach a consensus about the proposals for the location.  A Transport and Works Act order will be used if there is no other option.

Are there future consultations that Members may wish to attend? Public consultation finished in January 2015.  The consultation was well promoted and received a lot of response.  Comments can still be made on the website (link below) which also shows details of the phases of work taking place.  Any concerns can be raised with Phil Turner or Jonathan Clark.

www.eastwestrail.org.uk

http://www.eastwestrail.org.uk/sites/default/files/east-west-rail-newsletter-march-2015.pdf

Will the branch in Aylesbury be treated as part of the main project rather than phase 1-2? The understanding is that that Aylesbury branch will be part of the main project.

The decision about  ...  view the full minutes text for item 5.

Claire Hudson, Definitive Map Team

Jonathan Clark, Strategic Access Advisor

Joanne Taylor, Operations Team Leader

Phil Turner highlighted the following items from the report detailing matters determined by Committee.

Items 1 & 2, Great Missenden and Great Missenden/Wendover

Following planning inspections, the orders have been confirmed and cases closed.

Items 3 & 4, Taplow and High Wycombe

Following public inquiries and planning inspections, orders have been confirmed and the cases closed.

Items 6 & 7, Westbury (Route 1 and Route 2)

The footpaths are now on the definitive map.

During the update, the following question was asked.

Item 9, Wooburn, is it correct that the landowner was due to sign the agreement but subsequently did not accept the offer and refused to sign the agreement? The landowner had refused to sign the agreement for the last 13 years.  Compensation was offered but the landowner wanted far in excess of what the land is worth. Sustrans was brought in as the negotiator. Under Section 26 of the Highways Act, an inspector on behalf of the Secretary of State will normally direct the county council to financially compensate the landowner.  Part of the wider strategy is the aim to link Bourne End and High Wycombe along the old railway line and to create a bridleway. It is hoped that the first section at Wooburn Green will be delivered in the next 12 months.

Jonathan Clark gave the following update about strategic access;

Item 45 - HS2 - the Select Committee for High Speed Rail is currently hearing evidence from other counties. The Select Committee hearings for the Colne Valley started week commencing 9 March 2015. The Select Committee will reform after the General Election.  The County Council will appear first to discuss Colne Valley, followed by the AVDC area and Chilterns area.

In terms of Rights of Way, a meeting took place on the 2 February 2015 and a further meeting will take place on the 19 March 2015 to discuss any last minute requests that have been made.  HS2 Ltd has provided all the mitigation requested within the limits of deviation (land allocated as being taken control of as part of the Bill).

Item 48 – public stakeholder meetings are taking place to discuss the Princes Risborough to Aylesbury branch line which has 16 crossings. The decision about increasing the tracks to 2 lines will be made in spring 2015.

Item 49 – the Chilterns Conservation Board undertook £2,000 of surface and step improvements on the footpath through the Chequers Estate on the Box Woodland promoted route around Aston Hill. This includes the installation of two new kissing gates.

As the budget with the Strategic Access team had an underspend, funding was offered to the Haddenham and Thame Walking and Cycling Group to replace approximately 20 stiles with gates which was match funded with £1,500 from the parish council.  In addition, following a grant of £9,000 from the Wycombe Local Area Forum and an additional supplement from Rights of Way, volunteers from businesses, Community Payback and local volunteer groups have carried out clearance work on paths in High  ...  view the full minutes text for item 6.

Jonathan Clark gave the following update.

At a future meeting of the Forum, the implications of the ‘cut off’ date of 1 January 2026 in the Countryside and Rights of Way Act 2000 of all unrecorded footpaths and bridleways created before 1949 needs to be discussed. There are implications for the ROW network. To be added to the agenda for the July meeting.

Action: DSO

Hertfordshire has carried out a lot of work to bring the definitive map up to date as they have lots of local expertise. It might not be possible to claim definitive rights after 2026.

Open Access

Member were referred to the response to the letter sent from the Forum to Chiltern District Council about the parcel of land called Pinner Green being fenced off. It is a major success that the LAF managed to persuade the District Council to agree to the Forum’s view about the land which had been fenced off and confirmation that the barbed wire will be removed.

Members of the Forum AGREED that a letter would be drafted thanking the District Council for taking on the views of the LAF.

Action: Jonathan Clark

Joint LAF meetings

The actions and outcomes for the February meeting of LAF chairs has been included in the agenda pack.  It was good to meet with ‘neighbours’ and to discuss cross border issues. A joint site visit has taken place and further meetings have been planned.  It would be good if a member of the Forum could attend future meetings.

Conferences

Jonathan Clark explained that the funding from Natural England for his post of South East LAF co-ordinator, ends in March 2015. Jonathan has offered to continue the post on a voluntary basis until other arrangements can be made.

The South East LAF conference taking place on the 19^th May 2015 which may be the last opportunity to bring together the Forums on a regional basis.  The conference has several speakers including Grant McPhee from Defra, Jenny Bowen from Natural England and Linda Holloway from Cornwall County Council to talk about issues such as coastal access, a pilot scheme to address cattle attacks on ROW, and to give an update on members of the Ramblers Association aiming to walk every path in the country as well as the 80^th anniversary of the founding of the Association. The agenda for the conference is to be circulated to members of the Forum.

Action: Jonathan Clark

Alison Heath advised that the Health & Safety Executive is publishing new guidelines outlining the rights and responsibilities of landowners and managers with regard to public rights of way that cross their land. The guidance is to be circulated to members of the Forum.

Action: Jonathan Clark

Correspondence

An update will be given at the July meeting on the letter sent to Mike Freestone asking for BCC to support a Local Highway Maintenance Challenge Fund Bid to the Department of Transport.

Action: Jonathan Clark

Alison Heath explained that she has been working with  ...  view the full minutes text for item 7.

Proposed crossing in Langley Park and Black Park

Concern was expressed about the road crossing in Langley Park and Black Park which separates the Uxbridge Road from the A412 which is used by equestrians, walkers and cyclists.  The proposal is for a new Pegasus crossing across the dual carriageway to link the two parks. There is however, the issue of the bridleways being very dangerous as there is only a small verge in the middle of the dual carriageway.

Joanne Taylor advised that this issue has been raised previously. From memory, the response was that it is not appropriate within the traffic guidelines to install a crossing in a 50/60mph limit.

Jonathan Clark added that it was his understanding that is too expensive to put a bridge in but clarification can be obtained and reported back to the Forum.

Action: Jonathan Clark

Clay Pigeon Shooting

Quainton Hill operates clay pigeon shooting under an arrangement with the landowner which allows shooting to take place 28 times a year without planning permission.  There is concern about this arrangement as there are two major bridleways across this piece of land which is heavily used especially at weekends. There is no static site for the event and the participants do not observe the guidelines of the Clay Pigeon Society of a 300 yard safety area in the general direction of shooting. There has been an incident with a horse-rider being injured. This is being discussed at the Hogshaw Parish Council meeting at the end of March.

The Chairman said notification has to be given to members of the public when a shoot is taking place.

Joanne Taylor explained that there are two different clay pigeon operators on Quainton Hill. The County Council sent a letter to one of the operators several years ago about putting in mitigation measures to ensure the safety of members of the public such as the use of a Marshall when a shoot is taking place. The understanding is this particular operator is complying with these safety measures or is carrying out reasonable health and safety checks.

The belief is that the incidents mentioned are connected with a new operator; however, investigations are still taking place. It is not against the law to shoot across ROW but clay pigeon shooting could potentially be seen as an obstruction or public nuisance.

The next meeting will take place on Wednesday 1 July 2015, 10am, Mezzanine Room 2, County Hall, Aylesbury.

Future meeting dates

Wednesday 4 November

The next meeting will take place on Wednesday 1 July 2015, 10am, Mezzanine 2, County Hall, Aylesbury.

Future meeting dates

Wednesday 4 November