PAPER A

 

Purpose: For Decision

 

Committee:    REGULATORY APPEALS COMMITTEE

 

Date:               20 AUGUST 2004

 

Title:                PROPOSED DEFINITIVE MAP MODIFICATION ORDER - FOOTPATHS, BEMBRIDGE POINT

 

REPORT OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

 

 

 

 

PURPOSE / REASON

 

1.                      The report sets out evidence to determine whether a Modification Order should be made to add footpaths at Bembridge Point to the Definitive Map and Statement in response to an application from Bembridge Parish Council under Schedule 14  of the Wildlife and Countryside Act 1981. There is a duty under Section 53 of the Wildlife and Countryside Act 1981 to make an order if evidence shows that a presumption of dedication has been raised or if a public right of way exists or is reasonably alleged to subsist.

 

DETAILS OF THE APPLICATION / ORDER

 

2.                      Bembridge Parish Council have submitted documentary and user evidence in support  of their application.

 

3.                       An extract of the Definitive Map showing currently recorded rights of way in the area is Map 1 in  Appendix 1. The claimed footpath is marked ABCG with spur BDE on the large scale plan, Map 2 in Appendix 1.

 

4.                       Map 3  in Appendix 1 is a plan illustrating the main areas of current land use mentioned in the report. This plan is a guide to the various areas mentioned in the evidence and is not an exact representation of land titles.

 

5.                       Section CG on Map 2 is already recorded on the Definitive Map as Public Footpath BB4. The Definitive Statement for BB4 is item 4 in Appendix 1.  The destination of  BB4 in the Statement is ‘Point Recreation Ground’.

 

6.                      Three land holdings are affected by the claim: Landowner (1) the developer of Solent Landings) by ABC and BD. Landowner (2), the owner of Sand Cove, by DE.  Landowner (3) by DE which clips the seaward end of the access strip belonging to Beach Cottage.

 

7.                      A  fourth landowner, Maritime and Leisure Investments Ltd,  owns the track AF which accesses the car park and gravel grading operation. This section is not part of the claim but joins point A from the nearest highway (Embankment Road). AF should be considered for inclusion in the modification order should one be made.  

 

SITE  CHARACTERISTICS AND BACKGROUND HISTORY

 

8.                      Bembridge Point is a sand and shingle spit forming the eastern side of the entrance to Bembridge Harbour.  It was originally a flat unfenced area of sand and shingle with a wall and deep water on the harbour side. The spit became enlarged after reclamation work in  Bembridge Harbour  in 1880 and the harbour wall was buried by sand dunes. Since the 1950s scrub vegetation has spread over this area. Land accretion is still occurring on the seaward side where a considerable amount of additional shingle beach has built up particularly in the last ten years which is becoming stabilized by ground vegetation.  In the 19th century a coastguard station was established on the  east side of Beach Road. The watch tower still exists in the grounds of Watch House at the end of Beach Road.

 

9.                      During WW1 all the open land on the Point was taken over by the Admiralty and developed as a seaplane station (see photograph JC1 in Appendix  5, Item 2(b)).  At the end of the war all the station buildings were demolished except two which were converted into private residences, Beach Cottages (Sand Cove and Beach Cottage) and Shoreside. Some concrete foundation platforms remained adjacent to Beach Cottages which became known as the  ‘tennis courts’ (JC4).

 

10.                  Apart from the war period, Bembridge Point has been used for  public recreation. It was leased by the Parish Council for this purpose in 1908 and is referred to as ‘Point Recreation Ground’ in the 1952 Definitive Statement for BB4 (Appendix 1, Item 4).  In  the 1950s and 60s, Walls Fun Fair was located on the Point next to the Spithead Hotel site every August bank holiday. There do not appear to have been any physical boundaries, gates or signs and it was treated by the public and local fishermen as part of the beach for the usual activities.

 

11.                  Before WW2 the Preston family had the rights to extract beach gravel from the sand bank at Bembridge Point and ran the operation from an area bound by a low sea wall at the end of Beach Road.  In 1949 the garage on the site was converted into a tea kiosk later called the Silver Sands Café. In 1981 the gravel  operation was moved westwards to its present position nearer the harbour entrance and the original site formed a car park for the café. In 1982 the café was sold and the new owner introduced a charge for parking. The café business eventually closed and was sold in 1994. In 1999 the café and car park site became part of the adjoining private residence, Sand Cove. 

 

12.                  The Bembridge Harbour Improvement Company (BHIC) acquired the open land at the Point from British Rail in 1968. Originally the public parked  all over the Point and this  issue had been discussed by the Parish Council as far back as 1956. Yarland Properties, who owned the hotel, and BHIC who owned the harbour, were able to gradually confine parking to the present paying car park by closing down vehicle access to various areas adjacent to the hotel, in particular by closing the private vehicle access to Beach Cottages along AB in 1970, and by enclosing an area to the seaward side in 1980.  The process of enclosure was assisted by the increase in sand dunes in the area between point A and Embankment Road. Access is now only possible along the track AF, which is freely accessible to pedestrians all year round but where a seasonal charge is made for the car park.  

 

13.                  The Royal Spithead Hotel closed in 1976 and became part of Graylands College. In 1980 BHIC formed a scheme to further improve the area and prevent parking in front of the seaward side of the hotel grounds by fencing an area of open land adjacent to the hotel boundary wall to form a putting green. In 1982/3 Graylands College acquired this area  for use as a playing field until the College itself closed in 1986. The boundary hedge between the green and the grounds of the hotel building was removed during this period. 

                

14.                  The hotel building itself was demolished in 1990/1 and the site remained undeveloped and unfenced until construction of Solent Landings began in 2001. The development company subsequently proposed to make the former putting green / playing field area and further land extending down to mean high water into private grounds for Solent Landings.  Apart from DE, the claimed paths run over the former playing field land.

 

15.                  There has been a general trend since the late1970s for the various land holdings to develop their separate types of use more intensively and to become more clearly demarcated from each other.

 

16.                  There is currently an application for land at the Point to be registered as Village Green. This application has yet to be determined. 

 

RELEVANT HISTORY

 

Factual

 

17.               ABC was obstructed when security fencing was erected  round the old hotel site in 2001 during the construction of Solent Landings apartments. BDE was obstructed in 2002 when additional land was fenced off and a planning application submitted for change of use to private gardens for the development. These actions called into question the public rights for the purposes of Section 31 of the Highways Act 1980. The statutory period of use required for deemed dedication is therefore 1981 - 2001 for ABC and   1982  - 2002 for BDE. The obstruction of ABC in 2001 gave rise to the present application.

 

Committee

 

18.                  None for this application. 

 

COUNCIL POLICY

 

19.               To comply with the requirements of the Wildlife and Countryside Act 1981 to continuously review the Definitive Map and Statement by making modification orders   as necessary (Rights of Way Strategy 2001-6 paragraph 1.2.1.1).

 

FORMAL CONSULTATION

 

Fire 

 

20.              There are no issues requiring consultation.

 

Police

 

21.                  There are no issues requiring consultation.

 

Relevant Council Departments

 

22.                  No other departments are affected.

 

Parish and Town Councils

 

23.                  Bembridge Parish Council is the applicant.

 

Local Member

 

24.                  The local member was a member of the Bembridge Parish Council at the time of the application and supports the application.

 

Landowners

 

25.                  Responses of landowners to notification of the application, if any, are in Appendix  2.

 

26.                  Landowners are also invited to comment on this report and their comments if any are in Appendix 7.  Evidence submitted by landowners is dealt with under Documentary Evidence below. 

 

THIRD PARTY REPRESENTATIONS

 

27.                  There is no opportunity to obtain comments before making an order other than from formal consultees listed above. If an order is made, there is a statutory advertisement period of six weeks during which anyone may make representations or objections. 

 

LEGAL BACKGROUND

 

28.                  The Council has a duty to show all Public Footpaths, Bridleways and Byways Open to All Traffic on the Definitive Map and Statement and to add by modification order any ways not currently shown.  To determine the application, the Panel will have to decide on the basis of the evidence presented whether on the balance of probability a right of way exists or is reasonably alleged to exist. 

 

29.                  The Panel is acting in a quasi-judicial role and the decision must be made on the basis of evidence of fact. The Panel must also apply the rules of natural justice, in particular with respect to any landowner affected by the decision.  Guidance on the provisions of the Wildlife and Countryside Act 1981 relating to the continuous review of the Definitive Map and Statement and on the role of the Panel is given in Appendix 3 item 1.  General guidance on evidence in relation to Definitive Map Modification Orders in given in the Planning Inspectorate Advice Note No 13  (Appendix 3 item 2). Pages 7-11 deal with the dedication of rights of way.  Advice Note 6 (Appendix 3 Item 3) gives supplementary guidance on the meaning of ‘as of right’.

 

USER EVIDENCE

 

30.                  Bembridge Parish Council has submitted 24 witness statements. 

 

31.                  21 witnesses who completed statement forms were interviewed, 3 were unavailable.  4 family members of witnesses were included in interviews making 28 witnesses in all. Preliminary assessment (Appendix 4 item 1) showed that 9 of these witnesses did not meet the requirements of use as of right for one of the following reasons: (1) witness is landowner or employee, (2) insufficient detail is given in statement and witness is not available for interview, (3) use is vague or too infrequent,  (4) use is not on the claimed path or is wandering over whole area.

 

32.                  Use of ABC by the remaining 18 witnesses is shown on the bar chart  (Appendix 4,Item 2).  Further analysis of this use is required to determine whether a presumption of dedication is raised.

 

33.                  Use of BD, DE, and CD was insufficient to raise a presumption of dedication over any of  these routes.

 

34.                  Use of ABC (mainly for dog walking) after the hotel was demolished, ie from about 1990 is relatively well attested, but use during the first half of the statutory period is much less clear. Only one witness mentions the putting green and says that it was actually in the hotel grounds. This is confirmed by the 1986 aerial photograph which shows the boundary except for the wall section near point A has been removed. 

 

35.                  Before the putting green area was enclosed, BB4 gave direct access to the open land of the Point from Beach Road. The witnesses who used it were the residents of Beach Road, witnesses instructed as children to avoid the main road, and as a route from the beach to the Smugglers Barn pub which adjoined the Spithead Hotel in Beach Road. These witnesses said they walked round the hotel wall as the quickest route to reach the ferry terminal in the harbour and Bembridge Sailing Club.

 

36.                  9 witnesses used a route BD from ABC going to the Silver Sands Café car park via the north west corner of Beach Cottages but only 4 witnesses had used this for the first part of the statutory period.

 

37.                  One witness, Mr Elliot, was not  in fact a user, but was employed by Graylands College from 1972. In the 1980s he was housemaster in charge of the former Spithead Hotel building.  He recalled that a few local people crossed the enclosure when it was used by the College. This did not cause a problem and he had no instructions to exclude them. The College did not want friction with local people. 

 

DOCUMENTARY EVIDENCE

 

Evidence submitted by Applicant

 

38.                  Documents 1-9 (Appendix 5, Item 1) submitted in support of the application are various path survey lists and Ordnance Survey plans relating to BB4. BB4 was recorded on the first Definitive Map in 1952 as a short length of path from Beach Road round the Spithead Hotel boundary giving on to the open area of Bembridge Point which was described in the Statement as ‘Point Recreation Ground’. 

 

39.                  A complete review of the Definitive Map began in 1988 and was completed in 1997 when a new map was published. In 1991 Parish Councils were issued with a photocopy of the first stage in the process, a working map which incorporated legal changes to the 1968 Definitive Map, ie Highways Act and other orders made between 1968 and 1991 (Document 7). This map contained a drafting error extending BB4 round the boundary of the hotel which was corrected before publication of the new map (Document 9). No modification order has been made for BB4 since1952 to record additional footpath and  therefore the path should be recorded in the same way on the 1997 map as on the 1968 map. None of these documents constitute evidence that any additional length of BB4 has been dedicated. 

 

Evidence submitted by Landowners

 

40.                  The owner of Sand Cove has submitted evidence which consists of a summary of the history of land use on the Point and details concerning the properties owned by his family, various members of whom have owned both Beach Cottages since the 1920s. Some general points have been included in background history given above. The letter and selected photographs and correspondence are Items 2(a-f) in Appendix 5. Correspondence referring to the dispute over noise with the gravel grading operation is not relevant to the claimed paths and is not included in this report.

 

41.                  As can be seen in photograph JC1 of the Seaplane Station, there was clear space capable of providing vehicle access around all the buildings. When the station was dismantled, the space adjacent to the hotel boundary survived as the track shown on the OS Survey 1971 which was the private vehicle access to Beach Cottages  (see Item 2(d) and ends at the Silver Sands Cafe / gravel grading area.

 

42.                  In 1968 when BIHC purchased the Point, they wanted to create a car-free area in front of the hotel on Embankment Road and around the seaward side of the grounds.  To remove cars from the seaward area, it would be necessary to close AB to vehicles. Since this was the private vehicle access to Beach Cottages (JC31 and 32), land adjacent to the west frontage of the cottages was offered for sale to the owners on condition that this access round the hotel was given up.  This caused a dispute with Charles Preston as vehicle access would now have to be gained via Beach Road and the café site (Item 2(d)). The offer of the land was accepted (conveyance 1970 Item 2(c)) and the extended gardens were enclosed with low chain and post fencing and a hedge (JC33 June 1971).   

 

43.                  In 1980 BHIC proposed to establish a putting green to further improve the area and exclude parking in front of the seaward side of the hotel (Item 2(e) Appendix 5). The plan was supported by the Parish Council and involved landscaping the area with topsoil and waist-high panel fencing. There is no mention of providing public footpaths through the enclosure. Invoices show that the fencing of the area was carried out.

 

44.                  It is not clear whether the proposed putting green ever operated, but  in 1982/3 this area was leased to Graylands College who had taken over the hotel building. Yarland Properties offered the strip of land between the chain link fencing and the wooden panel fencing of the putting green to the owners of Beach Cottages (Item 2(f)). It was eventually bought by the Bonhams  and served to provide an access to the beach from their garden which they would not otherwise have had. This is the strip, now gated at  point C, shown in the Rights of Way photographs (paragraph 47 below). Photographs 2 and 4 show the surviving panel fencing and the present gate.  It appears from these photographs that the panel fencing has been cut off and originally  extended across the end of BB4 to the hedge boundary. It seems likely this strip was used to get from BB4 to the beach when the putting green fencing was erected, as some user witnesses mentioned, but was not in use for long enough for a right of way to become established, as the letter from Yarland Properties notes.

 

Other Documentary Evidence Available to the Council   

 

45.                  Aerial survey 1946. Track visible from Point A to Silver Sands café area crossing foundations of Seaplane Station building (‘tennis courts’) adjacent to Beach Cottages.  Well marked track over grassed area from near point A due north to beach.

 

46.                  Aerial survey 1968. This is the large scale (1/2500) aerial photographic survey from which the 1971 OS 1/2500 series maps used in the application is derived. The double line track marked in the application as the claimed footpath can be seen from this survey to be a representation of the track shown in the photograph. The track crosses a rectangular area and two smaller rectangles are shown adjacent to Beach Cottages usable as hard standing for parking for those properties. No significant change from 1946 except the grassed area adjacent to ABC is considerably smaller and the track due north is no longer visible.

 

47.                  Aerial Survey 1971.  Little change from 1968.

 

48.                  Aerial survey 1986.  Enclosed area adjacent to hotel grounds and Beach Cottages. Hedge boundary between hotel grounds and putting green removed but original position apparent. No path worn on ABC although some of original track area shows appears lighter. No path corresponding to BD or exit on to beach apparent at D. 

 

49.                  Aerial survey 1993.  Hotel demolished, several paths criss-crossing hotel site and adjacent enclosure.  Approximation of BDE and to lesser extent ABC apparent, also  path due north from near point A similar to 1946. Strongly marked track east-west across old hotel site emerging on to beach at approximately point B, possibly associated with demolition of building. 

 

50.                  Aerial survey 1999.  Scale 1/1250.  Soil mark corresponding to the 1968 track apparent which now appears to lead to Beach Cottage and does not give access to the Silver Sands car park area. No path apparent between points B and C or B and D.

 

51.                  Rights of Way Photographs 2001.  Photographs taken by a rights of way officer in July 2001 at point C and at the end of the strip at approximately point D showing the strip of land belonging to Beach Cottage and the original panel fencing of the putting green. The strip is now gated at the end of BB4.

 

52.                  Lease of Bembridge Point between Bembridge Parish Council and the Isle of Wight Railway Company 1908.  The Point was leased for a period of 6 years and then year by year with 6 months notice of termination on either side, for a Recreation and Pleasure Ground for the use of the inhabitants of Bembridge and the public generally. The land included covered the whole of the Point except for a strip 20 feet wide around the boundary of the hotel site which is described on the plan as a Right of Way. This right of way is not mentioned or included in the lease, although a right for the public to pass along the harbour wall (Breakwater Wall on the plan) is specified. The width of the route around the hotel site, its exclusion from the lease, and its description as Right of Way rather than Public Right of Way implies it was a vehicular access. It is in fact the same vehicular access enjoyed by Beach Cottages until 1968.  BB4 and BB32 (Beach Road) are not shown as enclosed routes. An unlabelled building

in the position of Shoreside and an area approximately equivalent to the original curtilege of Beach Cottages is shown excluded from the lease. The lease is evidence that there was some kind of right of way on the route ABC in 1908, the width implies that it was vehicular and appears to access a property but gives no evidence that it was public. 

 

EVALUATION  OF EVIDENCE AND CONCLUSIONS

 

53.                  User evidence for ABC as a specific route from approximately 1990 onwards appears to be relatively good although small in quantity for a populous area. User evidence between 1980 and 1990 is less clear. A number of witnesses for this period had also used the Point from their childhood in the 1950s and 1960s when the land was open. They made little distinction between earlier use and use after a considerable amount  of the land in question had been enclosed in such a way as must have altered patterns of walking. The enclosure may not have prevented all use of ABC, but it was not clear from the evidence how it continued during this time or to what extent. Photographic evidence does not show persistent paths.  There is also evidence from the 1993 IWC path survey that BB4 was not well used at that date. 

 

54.                  Mr Elliot’s evidence implies that most people did not enter the playing field to use ABC. There is no evidence that  enclosure of this area precipitated the reaction from the public or the Parish Council  which would be expected if an established and well-used right of way was being interrupted. On the contrary, the Parish Council apparently supported the plan. 

 

55.                  The fact that only the enclosed length of path from Beach Road was recorded in 1952 and that the Definitive Statement for BB4 gives the destination of the path as the Point Recreation Ground supports the view that point C was regarded at that time as the   start of the open ground where wandering would begin, that is, the physically open dune and shingle beach originally leased for recreation.  

 

56.                  The origin and nature of the track on the 1971 OS survey has been ascertained. Its presence on the map is not evidence supporting dedication as a public footpath.  Firstly, the route is not present physically in later aerial surveys and has not persisted consistently through the 20 year period. Secondly, appearance of a route on an OS survey is not evidence of public rights, but only of the existence of a physical feature on the ground at the time of, or just prior to, the date of the survey.  A right of way wide enough for vehicles has existed since 1908 but there is no evidence that this was public, rather the opposite, as it was excluded from the proposed public amenity and appears to terminate at a property which may have been part of the Coastguard Station.  

 

57.                  Various pedestrian desire lines have existed on the Point at certain times but evidence of use of specific routes over a full 20 year period sufficient to meet the requirements for deemed dedication of a highway cannot be reliably distinguished.

 

58.                  It is concluded that there is insufficient evidence of continuous public use as of right during the full statutory period to raise a presumption of dedication of ABC, due to insufficient or cessation of use during the years 1980 to 1986. Use before 1980 appears to have been part of a general use by the public wandering at large over the whole open area of the Point.  It is not clear that a single route BDE has existed or been used continuously for the 20 year period and therefore no presumption is raised on this route.

 

COMMENTS ON THE REPORT

 

Applicant

 

59.                  Applicant’s comments with officer’s response are in Appendix 6.

 

Landowners

 

60.                  All reports on modification order applications are submitted to landowners for comment. Landowners’ comments are in Appendix 7 with officer’s response.

 

FINANCIAL IMPLICATIONS

 

61.                  None outside current budgets.

 

LEGAL IMPLICATIONS

 

62.                  See paragraphs 16 and 17 above and Appendix 3.

 

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

 

63.                  The Council has a duty to make an order to modify the Definitive Map and Statement or not according to its conclusions on the evidence. Should a right of way be confirmed as a result of the modification order procedure, any powers that may be available to the Council with respect to Public Paths and Byways for the purposes of reducing Crime and Disorder could be considered. In this case it is not considered that there are any issues as the public already has access to the area by means of existing paths.  

 

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

 

64.                  In respect of Article 6 (right to a fair trial) of the European Convention on Human Rights, it is considered that by submission of the report to the applicant and to landowners for comments and by advertisement of the proposed order with the opportunity of independent determination in the event of objection, the Council has met the requirements of this Article.

 

65.                  In respect of Article 8 (respect for private and family life) and Article 1 of the First Protocol (protection of property), the impacts which modification might have on the owners of property affected by any the order  which may be made and on owners of other property in the area and users of the paths before and after modification have been carefully considered. Whilst there may be some interference with the rights of owners and occupiers if a modification order is confirmed, it is considered that the recommendation is proportional to the legitimate aim of the Council and in the public interest.

 

OPTIONS

 

66.                  The Council has a duty to make an order to modify the Definitive Map and Statement or not according to its conclusions on the evidence.

 

EVALUATION / RISK MANAGEMENT

 


67.                  In the event of an order being made and an objection being registered during the six-week statutory advertisement period, the order must be referred to the Secretary of State and an independent inspector will be appointed by the Planning Inspectorate to hear the evidence and decide whether the order should be confirmed. The Council bears the cost of arranging the inquiry and each side bear their own costs of appearing unless there are exceptional circumstances.

 

68.                  In the event of an order not being made, the applicant may appeal to the Secretary of State who may direct the Council to advertise an order which then follows the same procedure described above.

 

69.                  After an order has been confirmed there is a 6 week period during which any person can appeal to the High Court  on the grounds that it is not within the powers of section 53, or that there has been a procedural failing and that the appellant’s interests have been substantially prejudiced as a result. There is no right of appeal on grounds of a challenge to the evidence as the objection and public inquiry procedure provides the opportunity for this. In the High Court procedure costs follow the event and are likely to be considerable.

 

70.                  In making its decision the Panel is therefore recommended to carefully follow the legal guidance set out in paragraphs 28 and 29 and in all three items in Appendix 3. Members are reminded that they should make the best decision they can on the evidence available to them and not take into consideration whether there will or will not be a public inquiry subsequently.

 

RECOMMENDATION

 

45.       That no modification order be made in response to this application.  

 

 

 

 
 

 

 

 

 

 

 

 


APPENDICES

 

PLEASE NOTE – appendix 1 is attached to the report. Copies of Appendices 2 – 7 are available on application to Committee Services. Tel 01983 823287.

 

Appendix 1:  Location and Route Description

 

1.             Map 1: Definitive Map extract showing existing recorded paths and location of claim (Scale 1/10,000)

2.             Map 2: Large-scale plan of claimed route ABCD (Scale 1/2500)

3.             Most recent (1999) aerial survey of the area

      

Appendix 2:  Landowner comments on application

 

1.             Letter Howard Kennedy Solicitors to Bembridge Parish Council 10.8.01 (for Roseberry Homes)

 

2.      Letter Mr J Curling to IWC 1.10.01 (owner of Sand Cove)

 

Appendix 3:  Legal background and guidance

 

1.             Provisions of the Wildlife and Countryside Act 1981 relating to the review of the Definitive Map and Statement and Guidance on Quasi-Judicial role of the Panel

2.             Planning Inspectorate Advice Note No 13 Definitive Map Modification and    Reclassification Orders issued March 2001

3.             Planning Inspectorate Advice Note No 6 The Sunningwell Judgement and the Meaning of ‘As of Right’ issued October 2000

 

Appendix 4:  User evidence

 

1.             Table of user witnesses: preliminary assessment

2.             Bar chart: use of ABC

 

Appendix 5:   Documentary Evidence

 

1.             Bembridge Parish Council List of Documents and Documents 1-10

2.             Mr J Curling (owner of Sand Cove)

        Letter to IWC 16.6.02

        Photographs  JC1, 4, 8, 21, 22, 23, 24, 15a, 25, 31, 32

        Conveyance 1970 Yarland Properties and E A Curling

        Letters C Preston to Comdr Curling 1970

        Letters IC to B W R Curling  28.03.80 and 07.04.80

        Letter Yarland Properties to B W R Curling 1984

3.                  IWC 1993 Path Condition Survey Form for Public Footpath BB4

4.                  IW Rights of Way photographs 1 - 4 of Points C and D, July 2001

5.                  Lease IW Railway Company and Bembridge Parish Council 1922

6.                  Photocopies of Aerial Photographic Surveys 1946, 1969, 1971, 1986, 1993            

7.                  Photocopies of Aerial Photographic Survey 1999

 

Appendix 6: Applicant’s Comments on Report and officer response

 

Appendix 7:   Landowner Comments on Report and officer response

 

BACKGROUND PAPERS

 

* item appears in Appendices

 

1.                  Application for Modification Order Schedule 14 WCA81

2.                  Application supporting documents 1-12 including 24 Witness Statements

            (*Documents 1 –10 in Appendix 5)

3.                  24 File notes user witness interviews

4.                  Letter Glanvilles Solicitors to IWC 26.7.01

5.                  Letter IWC to Howard Kennedy 22.10.01, 6.1.03, 19.1.03

6.                  * Letter Mr J Curling to IWC 7.10.01

7.                  Letter Mr J Curling to IWC 16.6.02 and 1.07.02 with documentary evidence

            (*relevant items in Appendix 5) (Material not relevant to application not included)

8.                  File note interview  Mr J Curling 16.6.02

9.                  File Note interview Mr Selwyn 20.4.04

10.              IWC Rights of Way photographs July 2001

11.              *Lease Isle of Wight Railway Company and Bembridge Parish Council 1922

12.              Land Registry Search Bembridge Point 21.11.0

13.              Email Cllr Mrs Clough to IWC 14.12.03

14.              IWC Memorandum re Application for Village Green Bembridge Point 8.8.02

15.              *Aerial Photographic Surveys dated 1946,1969,1971,1986, 1993 held by IWC Archaeological Centre, Clatterford Road, Carisbrooke, Newport, IW (Tel 01983 823810)

16.              *Aerial Photographic Survey 1999 (held by Engineering Services, Jubilee Stores, the Quay, Newport, IW, Tel 01983 823741

17.            *Planning Inspectorate Advice Note No 13 Definitive Map Modification and    Reclassification Orders issued March 2001

18.            *Planning Inspectorate Advice Note No 6 The Sunningwell Judgement and the Meaning of ‘As of Right’ issued October 2000

 

 

Contact Point: Alexandra Russell (Ext 3741), Rights of Way, Engineering Services

 

 

DEREK ROWELL,

STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES