Minutes:
The Committee considered (9(c)) an objected to order to divert Rollright Fp7 from the garden of Manor Farm to a new route outside the garden.
Introducing the report Mr Sylvester advised that Manor Farm was a working farm. The Open Spaces Society had objected on the grounds that the proposed diverted route was less convenient and had also challenged the grounds of privacy. He advised that if the path was retained on its existing line then it was likely that the applicant’s in order to preserve their privacy would build a second wall effectively enclosing the footpath on both sides and forming a tunnel. He had considered the diversion was not substantially less convenient, that the grounds for privacy had been made out and, together with the high probability of the existing footpath being enclosed had recommended that the matter be referred to the Secretary of State.
Chris Hall for the Open Spaces Society stated that this was a complicated and difficult case in one of the most beautiful and historic villages in West Oxfordshire and if the diversion were allowed to go forward as proposed together with the other order for Rollright Fp 15 & 19 it would effectively mean that Rollright became a village with views lost. The distance between the house and path meant privacy and security were not a relevant issue and he urged the Committee to reject the application to submit Fp7 to the Secretary of State and support withdrawal of the order for FP 15 & 19.
He then responded to questions from:
Councillor Greene – the Committee needed to consider the current situation and not take into account threats to build a second wall. Ownership had changed hands 3 times in the last 15 years and he suggested that the Committee should visit the site.
Councillor Sanders – he did not have figures for useage but pointed out that it was very popular because it formed part of the D’arcy Dalton Way.
Michael Wood supported the recommendation. The path was well used which meant that privacy and security were important issues and quoted a case at Bodicote Mill which had been upheld on similar grounds. He agreed that it was a difficult and complicated case and for that reason it was sensible to refer it to the Secretary of State to adjudicate.
Councillor Bartholomew asked why it was not an option to demolish the existing wall and rebuild it in the right place.
Mr Wood replied that it would be more expedient to build a second.
Councillor Sanders pointed out that the right of way at Bodicote Mill had only been 2 meters from the house whereas this path was 50 meters away so the Inspector could take a different view.
Mr Wood replied that he might but it was best to have discussions in an independent forum when all issues could be considered.
Tom McFarlane endorsed the comments made by Mr Wood and referred to specific issues of security when it had been evident that people were using the path to observe the house and grounds.
Councillor Bartholomew remained concerned that the existing wall was in the wrong place and in his view should be demolished. The Committee should not be influenced or threatened by promises of a second wall being built and he was minded not to accept the recommendation.
Mr Mytton advised that the Committee were not required to consider whether the existing wall should have been removed or not but needed to take a view on the likelihood of a new wall being built as that was relevant as were with the issues of privacy and security and if the recommendation was agreed then it would be for an Inspector appointed by the secretary of State to judge if those tests had been met.
However, some members remained concerned about the legitimacy of the existing wall and felt that it should be removed or at least any decision on this application deferred.
Councillor Greene, however, considered that the Secretary of State should be allowed to decide on this matter and so moved the recommendation. Councillor Reynolds seconded and it was put to the Committee and –
RESOLVED: (by 6 votes to 3, with 1 abstention) to submit the 2015 Order for the diversion of Rollright Fp 7 to The Secretary of State for Environment, Food and Rural Affairs for determination.