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Public Rights of Way and Greens Committee - Thursday, 2nd October, 2025 2.00 pm
October 2, 2025 View on council websiteSummary
The Public Rights of Way and Greens Committee were scheduled to meet to discuss a claimed public footpath at Wood Lodge, current claims, inquiries and miscellaneous rights of way matters, and current town and village green applications. The committee was scheduled to consider the advice of a barrister regarding a town and village green application, and also to review the progress of a number of outstanding claims and inquiries related to public rights of way in the area.
Claimed Public Footpath at Wood Lodge, Penpole Lane, Shirehampton
The committee was scheduled to discuss a report regarding a claimed public footpath at Wood Lodge, Penpole Lane in Shirehampton. The report was prepared by Robin Carr FIPROW MAE, an independent consultant specialising in public rights of way and highway matters, who was instructed by Duncan Venison, Network Operations Manager of Bristol City Council. The report was commissioned following an application by Councillor Donald Alexander for a Definitive Map Modification Order (DMMO) to add the route to the definitive map as a public footpath. The application was prompted by the owners of Wood Lodge extending their boundary over the route, enclosing land belonging to Bristol City Council.
Robin Carr FIPROW MAE's report considered documentary evidence including tithe maps, Ordnance Survey maps, Kings Weston Estate maps, aerial photographs, engineers drawings and photographs. The report also considered user evidence, noting that the application was supported by only one user evidence form, providing evidence of use for the period 1945-1962 and 1995-2019.
Robin Carr FIPROW MAE concluded that:
Having considered all of the available and relevant evidence, it is evident that there is insufficient documentary evidence and insufficient evidence of public use to support the making of a Definitive Map Modification Order. The Application should therefore be refused.
The report presented options available to the council, including refusing the application, or resolving to make a Definitive Map Modification Order.
Current Town and Village Green Applications
The committee was scheduled to consider a report regarding the town and village green application for land at 72 Stokes Croft, known locally as Turbo Island. At the previous meeting, the committee requested that Legal Services officers seek an opinion from a barrister regarding whether a trigger event1 and/or statutory incompatibility2 have been established in this case.
The report included advice received from Mr Douglas Edwards KC, who advised that the right to make the current application did not cease by reason of any trigger event. Mr Douglas Edwards KC also advised that, in respect of the small parcel of the land upon which the substation is located, statutory incompatibility in principle precludes registration, but this does not apply to National Grid's right of access over other parts of the application site or to the remainder of the application site beyond that part over which National Grid has a lease or rights.
The report presented options for undertaking a public inquiry, including using a council legal officer, the Public Rights of Way and Greens Committee (or a sub-committee of PROWG) with advice from a council legal officer, or an independent legally qualified inspector.
Current Claims, Inquiries and Miscellaneous Rights of Way Matters
The committee was scheduled to receive a report on the present position with regard to claims under Section 53 of the Wildlife and Countryside Act 19813; public inquiries; and miscellaneous rights of way orders, agreements and legal proceedings. The report included updates on applications for modification of the definitive map and statement, miscellaneous rights of way orders, agreements and legal proceedings, enforcement actions and longstanding obstructed public rights of way, and the public rights of way improvement programme summary.
The report noted that there are currently thirteen outstanding claims that are waiting to be determined by the authority. The report also included a table of miscellaneous rights of way orders, agreements and legal proceedings, including public path orders relating to public footpaths in Brislington East, Lawrence Hill, Clifton and Brislington West.
The report included a summary of the 2025/26 public rights of way improvement programme, including capital improvement schemes and externally funded schemes.
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A trigger event is defined in the Commons Act 2006 as an event that prevents land from being registered as a town or village green. ↩
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Statutory incompatibility is a common law test that prevents land from being registered as a green if it is owned by a public authority or statutory undertaker for a specific purpose, and registration would be inconsistent with that purpose. ↩
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Section 53 of the Wildlife and Countryside Act 1981 places a duty on the surveying authority to keep definitive maps and statements of public rights of way under continuous review and to make modifications as necessary. ↩
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