Agenda and draft minutes

An apology for absence was received from Councillor J. Simmonds

There were no declarations of interest made at the beginning or during the course of the meeting.

RESOLVED that the minutes of the meeting held on 26^th March 2021 were noted.

The Countryside and Rights of Way Assistant, Stefan Denbury presented the report which asked the Cabinet Rights of Way Committee to consider and determine an application to divert a public right of way – Restricted Byway 11 in the former Parish of Rhymney – at the former Royal British Legion Club site in order to permit a development that has been granted planning permission to be carried out.

The Officer reminded the Members that a site visit took place on 10^th January 2023 by Members of the Rights of Way Committee and Officers. 

The Members noted that public rights of way are recorded on the Definitive Map and Statement and as such are afforded Highway status and the same protection in law. Section 257 of the Town and Country Planning Act 1990 provides a mechanism for local authorities to extinguish or divert public footpaths, bridleways and restricted byways where their existence is incompatible with a development granted by planning permission.

The Officer advised Members that the application which is referred to in the report is a development that consists of three dwellings, one of which when constructed will obstruct the public right of way.  Therefore, the Officer advised the Members that the necessity test has been  fulfilled.

  The Members were advised that WG guidance on this matter states:

“Even where a case of necessity is made out, an authority still has discretion whether to make an Order or not.  However, having concluded that the planning permission should be granted, there must be good reasons for deciding that an Order, which would permit implementation of that permission, should not be made.”

The Members were advised that in coming to a judgement as to whether to make an Order, they should take into account, the interests of the general public, the potential effects of the Order on some members of the public and any potential financial loss to members of the public.

Following a query raised by a Cabinet Member, the Local Ward Member Councillor Cuss advised the Members that only positive feedback has been received in relation to the development.

Following consideration and discussion it was moved and seconded that the application be deferred in order to explore further options for an alternative route.  By way of electronic vote unanimously agreed.

RESOLVED that for the reasons contained in the Officers Report an Order under s257 town and Country Planning Act 1990 to divert Restricted Byway 11 Rhymney as detailed in appendix 2 of the officer’s report be approved.

            The meeting closed at 10.45am.