The Northern Area Planning Committee was scheduled to meet to discuss rights of way applications, including consideration of objections to the proposed modification of the definitive map and statement for two paths. The committee was also scheduled to review the minutes from their previous meeting.

Royal Wootton Bassett Path no.64

The committee was scheduled to consider objections and representations regarding the proposed modification of the definitive map and statement for Royal Wootton Bassett Path no. 64, also known as Muddy Lane, and to recommend whether the order should be forwarded to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) for confirmation.

Wiltshire Council made a Definitive Map Modification Order (DMMO) on 14 October 2024 to upgrade the path to a Byway Open to All Traffic (BOAT) and record a width of 9m. The council received objections from 13 parties and one representation, including from Councillor D Bowler, Wiltshire Councillor for Royal Wootton Bassett South and West, which are available to view on the Wiltshire Council website.

The report pack included a location plan, order plan, decision report from 19 September 2024, and a copy of the order.

The report pack noted that the DMMO was made following an application from Wootton Bassett Town Council in 1999, and is therefore exempt from the provisions of the Natural Environment and Communities Act 2006 (NERCA). The report pack stated that officers found that user evidence was not sufficient to support public vehicular rights over the way. However, documentary evidence was found to be sufficient, on the balance of probabilities, to record the route as a BOAT, having a width of 9m.

The report pack stated that relevant objections are those which challenge the evidence considered by the council, or adduce new evidence. It also stated that objections about increased vehicular use of Muddy Lane and safety concerns are not relevant to the council's consideration of the order.

The report pack stated that the options available to the committee were to:

• Recommend that the order be confirmed without modification
• Recommend that the order be confirmed with modification
• Recommend that the order is not confirmed

The report pack proposed that the committee forward the order to the SoSEFRA with a recommendation that it be confirmed without modification.

Chippenham Path No.2A

The committee was scheduled to consider objections to the proposed modification of the definitive map and statement for Chippenham Path No. 2A, also known as Gypsy Lane, and to recommend whether the order should be forwarded to the SoSEFRA for confirmation.

The council made the order to upgrade bridleway CHIP2A to restricted byway status and to record its proper width and extent. Two objections and one representation were received during the statutory consultation period. The report pack included a copy of the order, objections and representations, and officer's comments on the objections.

The report pack stated that the council instigated the investigation into public rights over Gypsy Lane in 2024 as a dispute arose over the public rights at the southern end of the lane. Joanna Thomas, the owner of a narrow strip of land at the southern end of the lane, claims that no public rights extend over her land and therefore there is no public access from Gypsy Lane into the field to the south. The report pack stated that evidence available to the council demonstrates that unrecorded public rights already exist over this section of land and are higher than the bridleway rights currently recorded over part of Gypsy Lane. The evidence demonstrates the route is part of an ancient public vehicular road and should be recorded as a restricted byway.

The report pack stated that in 2006 an Act of Parliament extinguished any public mechanically propelled vehicular (MPV) right that existed over the route (s.67 Natural Environment and Rural Communities Act 2006, NERCA) and that the highest public right that could exist is that of a restricted byway¹.

The report pack referenced the High Court and Court of Appeal cases relating to Rowden Lane, Chippenham, stating that the judges found that Gypsy Lane formed a through public vehicular road to Rowden Lane.

The report pack stated that the options available to the committee were to:

• Recommend that the order be confirmed without modification
• Recommend that the order be confirmed with modification
• Take a neutral stance on the determination of the order
• Recommend that the order should not be confirmed

The report pack proposed that the committee forward the order to the SoSEFRA with the recommendation that it is confirmed without modification.