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Eastern Area Planning Committee - Thursday 12 March 2026 3.00 pm
March 12, 2026 at 3:00 pm Eastern Area Planning Committee View on council websiteSummary
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The Eastern Area Planning Committee of Wiltshire Council met on Thursday 12 March 2026 to consider a modification order concerning public rights of way in Great Bedwyn. The committee resolved to forward the Wiltshire Council Parish of Great Bedwyn Path Nos. 11 and 12 Definitive Map and Statement Modification Order 2025 to the Secretary of State for Environment, Food and Rural Affairs with a recommendation for confirmation without modification.
The Wiltshire Council Parish of Great Bedwyn Path Nos. 11 and 12 Definitive Map and Statement Modification Order 2025
The committee considered the Wiltshire Council Parish of Great Bedwyn Path Nos. 11 and 12 Definitive Map and Statement Modification Order 2025, which proposed upgrading footpath Great Bedwyn no. 12 and part of bridleway Great Bedwyn no. 11 to restricted byway status. This proposal was made under Section 53 of the Wildlife and Countryside Act 1981, following an application received in October 2010.
Craig Harlow, Definitive Map Officer for Wiltshire Council, presented the report, outlining that the council has a statutory duty to maintain and protect public rights of way. He explained the legal tests for confirming such an order, which centre on whether the evidence shows, on the balance of probabilities, that a public highway of a higher status exists and has not been legally stopped up. The width of the proposed restricted byway was also discussed, with the southern section retaining a width of 40 feet as per the 1792 Inclosure Award, and the remaining section's width determined by 1880 Ordnance Survey maps, ranging between 3 and 18 metres. Mr Harlow clarified that matters such as environmental concerns, desirability, criminal acts, duplication, cost, risk, and public safety could not be taken into consideration when determining the order, as these are not relevant to the legal tests.
The order had attracted 28 objections and one representation of support, which had not been withdrawn. During the public participation session, Judith Haynes, James Audley (representing Network Rail), David Lemon, and Councillor Peter Angus (on behalf of Great Bedwyn Parish Council) spoke.
Several objectors raised concerns about the potential for increased criminal activity, such as hare coursing and off-road vehicle use, and the impact on local farmers, livestock, and the environment. Network Rail's objection focused on statutory incompatibility and safety concerns at a railway crossing. Concerns were also raised about the historical accuracy of the proposed widths and the potential destruction of badger setts and ancient features.
Committee members asked technical questions regarding the recorded widths, the role of police enforcement, the costs associated with public rights of way, and the potential for restricting the path to horse and walker use only. They also discussed the varying aspects of the path's route, which would be a restricted byway in parts and a bridleway in others, and the record-keeping for such applications.
Following the debate, the committee resolved to forward the Wiltshire Council Parish of Great Bedwyn Path Nos. 11 and 12 Definitive Map and Statement Modification Order 2025 to the Secretary of State for Environment, Food and Rural Affairs with the recommendation that it be confirmed without modification.
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