Wrthi'n llwytho
Y penderfyniadau fel y mae cofnodion y cyngor yn eu cofnodi. Bydd crynodeb mewn iaith glir yn dilyn pan fydd wedi'i ysgrifennu.
RESOLVED A Definitive Map Modification Order be made in respect of application Presteigne - DMMO 001 to add a public footpath, as the available evidence indicates that on the balance of probabilities, the legal event under section s53(3)(b) of the Wildlife and Countryside Act 1981 has occurred namely ‘the expiration of a period of time during which enjoyment of any way by the public raises a presumption that this way has been dedicated as a public path.’ The Chair thanked the Professional Lead - Countryside Access & Recreation for her detailed report and the presentation. County Councillor D Edwards rejoined the meeting. As this was the last meeting before the Council’s Annual Meeting, the Chair thanked all members and officers for their attendance over the previous year.
Apologies for absence were received from County Councillors T Colbert, C Hall and E Roderick.
The Chair was authorised to sign as a correct record the minutes of the meeting held on 3 April 2025.
County Councillor D Edwards declared a personal and prejudicial interest in Item 5 - Definitive Map Modification Order - Presteigne DMMO 001: Land at Fold Farm, Presteigne, as she is a member of Presteigne and Norton Town Council, which is the applicant.
The Committee considered an application to correct the Register of Common Land, sections 22 and Schedule 2 of the Commons Act 2006 – Application 24-001CA, Register unit MCL037, Melinbyrhedyn Common, community of Cadfarch. The Assistant Commons Registration and Definitive Map Officer made a presentation to the Committee. In response to a question the Assistant Commons Registration and Definitive Map Officer advised that she did not know who maintained the application land laid to grass. The applicant may maintain the land or possibly the Highways Authority may cut the area for visibility reasons as they are next to the highway. The Committee noted the post box is on the garage building and the telephone box would have been near the telephone pole, so both sited on the common land. The Solicitor clarified that Common Land can be privately owned. In response to a question the Officer advised that presumably the owner is already allowing access to the post box and so assumes they would be happy for this to continue. She advised that it would be unlawful to fence off the area where the post box is located and would have to obtain consent from the Welsh Government to do so. In response to a question the Assistant Commons Registration and Definitive Map Officer advised that the applicant applied for the two parcels of land to be corrected on the Register of Common Land. The Open Spaces Society had made comment on the application and the applicant had not provided any counteractive evidence and so it is her understanding that they are content with the recommendations. It was moved and duly seconded to agree with the officer’s recommendation in respect of the area coloured orange on the plan at appendix 12 in the officer’s report. Councillor G E Jones did not take part in the discussion or vote as he did not hear all of the presentation. Resolved 1. that application 24-001CA in respect of the area comprising 0.007 hectares (0.019 acres) shown coloured orange on the plan at appendix 12 be approved. It was moved and duly seconded to agree with the officer’s recommendation in respect of the area edged red on the plan at appendix 12 in the officer’s report. Resolved 2. that the application be refused in respect of the area edged red on the plan at appendix 12. The Chair thanked the Assistant Commons Registration and Definitive Map Officer for her detailed report and the presentation. County Councillor D Edwards having declared a prejudicial interest left the meeting for the next item.
Y penderfyniad fel y'i cofnodwyd
RESOLVED A Definitive Map Modification Order be made in respect of application Presteigne - DMMO 001 to add a public footpath, as the available evidence indicates that on the balance of probabilities, the legal event under section s53(3)(b) of the Wildlife and Countryside Act 1981 has occurred namely ‘the expiration of a period of time during which enjoyment of any way by the public raises a presumption that this way has been dedicated as a public path.’ The Chair thanked the Professional Lead - Countryside Access & Recreation for her detailed report and the presentation. County Councillor D Edwards rejoined the meeting. As this was the last meeting before the Council’s Annual Meeting, the Chair thanked all members and officers for their attendance over the previous year.
The Committee considered the Definitive Map Modification Order [DMMO] – Application Presteigne DMMO 001: Land at Fold Farm, Presteigne. The Professional Lead - Countryside Access & Recreation made a presentation to the Committee. In response to a question the Professional Lead - Countryside Access & Recreation advised that there are private vehicular access easements to the lane. It was noted that some of the witness statements did come from people who live along the lane. However, those private rights would not establish a public right of access. The other witnesses said the public used the lane on foot. It is a well-defined route but is not an adopted road. The Professional Lead advised in response to a question that details of a conveyance was provided for a property and it is understood that the residents have a right of access via the lane but whether those are formally recorded as easements, or whether easements have potentially been gained through prescription, is not clear. Evidence from one witness stated that contributions are made by the residents for the maintenance of the lane, so there is some formal easements around access. The Professional Lead responded to a question advising that the original application by the Town Council provided clear evidence that signage was changed in 2012, clearly stating “no public right of way”. So, the original 20 year period for considering evidence and witness statements was for 1992 – 2012. However, when additional user witness evidence was supplied and witnesses were interviewed, one witness, attested to the fact that in 2008, when he went to see his architect, who lived along the lane, someone challenged him for using the route. There was clearly a concern about the use of the lane by the public. As a result, the Council is required to consider this earlier date where a challenge occurred and so the period under consideration is 1988 – 2008. In response to a question the Professional Lead advised that even if the new date had not been used there was still a credible body of evidence to show that the route had been used without challenge. The Officer referred to the Gantt chart - Appendix E in the reports pack. In response to a comment the Professional Lead noted the concerns expressed for the landowner but advised the Committee that the application should only be based on the available evidence. She advised that if the Committee was minded to approve the application the Countryside Services Team would work with the landowner in respect of management provisions. The Professional Lead advised that the new footpath would be from A – D on the map, contained as Plan A in the agenda pack. It was moved and duly seconded that the application be approved as the officer’s recommendation. RESOLVED A Definitive Map Modification Order be made in respect of application Presteigne - DMMO 001 to add a public footpath, as the available evidence indicates that on the balance of probabilities, the legal event under section s53(3)(b) of the Wildlife and Countryside Act 1981 has occurred namely ‘the expiration of a period of time during which enjoyment of any way by the public raises a presumption that this way has been dedicated as a public path.’ The Chair thanked the Professional Lead - Countryside Access & Recreation for her detailed report and the presentation. County Councillor D Edwards rejoined the meeting. As this was the last meeting before the Council’s Annual Meeting, the Chair thanked all members and officers for their attendance over the previous year.
Rhaid i gynghorwyr ddweud pan fydd ganddyn nhw gysylltiad personol â rhywbeth sy'n cael ei drafod, fel swydd, eiddo neu aelod o'r teulu. Mae buddiant sy'n rhagfarnu yn ddigon cryf i'r cynghorydd adael yr ystafell fel arfer a pheidio â chymryd rhan.
Caiff datganiadau eu darllen o'r cofnodion unwaith y byddan nhw wedi'u cyhoeddi.
Yn rhestru cynghorwyr presennol y cyngor yn unig. Nid yw aelodau cyfetholedig, swyddogion a chyn-gynghorwyr yn cael eu dangos.