The Eastern Area Planning Committee met to discuss objections to the proposed modification of definitive maps and statements for Collingbourne Kingston. The committee voted to forward The Wiltshire Council Parish of Collingbourne Kingston Path Nos. 1B,8 and 9 Definitive Map and Statement Modification Order 2025 to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with a recommendation for confirmation without modification.

Rights of Way

The main item under discussion was The Wiltshire Council Parish of Collingbourne Kingston Path Nos. 1B,8 and 9 Definitive Map and Statement Modification Order 2025, which proposes to upgrade sections of footpaths CKIN8 and 9, bridleway CKIN1B, and record an unrecorded section as a restricted byway¹ in Collingbourne Kingston. The committee was considering five objections to the order, which had been detailed in Appendix 3 - Officers comments on Objections of the report. Jonathon Cheal and Jonathon Bone spoke in objection to the application.

Craig Harlow, Definitive Map Officer, presented the report, outlining the history of the application, which had first been received in 2006. He explained that the evidence, including awards, indentures, and inclosure agreements² dating back to 1798, suggested that all parts of the route were historically part of the same road, which likely fell out of use in the mid-1800s. The officer also referenced the Natural Environment and Rural Communities Act 2006, which would limit the route's status to a restricted byway. He noted that the objections received did not change his opinion on the validity of the order.

During the discussion, members sought clarity on the types of traffic permitted on a restricted byway and whether the order could be challenged under the Equalities Act. It was confirmed that mobility vehicles are allowed on public rights of way. The committee also discussed maintenance responsibilities, with confirmation that Highways Access Officers would be responsible for maintaining the route if the order were made.

Councillor Christopher Williams, the local unitary member, raised concerns about the order's relevance to the council's business plan and the potential for misuse by motorcyclists.

The Definitive Map Officer responded to the points raised, clarifying the sections of land included in the inclosure award.

Councillor Philip Whitehead moved a motion to accept the officer's recommendation, which was seconded by Councillor Stuart Wheeler.

During the debate, the committee discussed the width of the route, noting that the inspector could modify the order, but if confirmed, the width would be recorded as up to 16 metres in part. The historical use of the route and the potential need for such width to accommodate horse and carts were also discussed. The importance of Ordnance Survey information was emphasised, and it was agreed that missing pieces of information did not undermine the strength of the evidence.

Ultimately, the committee voted to forward the order to SoSEFRA with a recommendation for confirmation without modification.