Proposed upgradings and a creation in Hougham parish
KCC is consulting on the following proposals:
- ER217: Upgrading from bridleway to restricted byway. This runs from the lane (Eight Acres) just north of West Hougham village at GR 266 405 north-eastwards for two-thirds of a mile to GR 275 410.
- ER218A: Upgrading from bridleway to restricted byway. This runs from ER217 atGR 275 410 as mentioned above, north-westwards for some 700 yards down to Poulton Farm at GR 270 412.
- ER218B. Upgrading from footpath to restricted byway. This also runs fromER217 at GR 275 410, eastwards for under 200 yards to GR 276 410 at “Soval Pond”. From this point eastwards, footpath ER192 heads across Whinless Down, whilst bridleway ER218C drops down to Lowslip Road/Elms Hill.
- By the banger racing track at Poulton Farm, creation of a new byway open to all traffic. This would run from ER218A at GR 272 412, eastwards for 250 yards to GR 274 412, the start of the public road (Coombe Road) which leads to the Buckland Hospital area of Dover.
Quite a number of routes in this area were claimed as byways open to all traffic just before the 2006 cut-off date, but KCC found insufficient evidence then to upgrade any of them.
Newington footpath HE245 – proposed upgrading to bridleway status of most of this path
This slightly complicated proposal would effectively upgrade almost all of footpath HE245, which runs from Peene north-westwards for almost a mile. For most of its length it runs parallel to, and just west of, the track of the old Elham Valley Railway.
It would also include;
(a) the creation of a short new BR section at the Peene end;
(b) the loss of a short section of FP HE245 where the new route is straighter; and
(c) the creation of a short byway open to all traffic from just north of Coombe Farm at GR 171 391, to bridge the gap between HE245 and the main Elham Valley Road south of Etchinghill.
KCC orders made but objected to, which have been submitted to the Planning Inspectorate for a decision
As pointed out recently on our Facebook pages by Andrew Swarbrick, the making of a path change/creation order by KCC is just part of the process. It does not legally take effect until the order is officially confirmed and the new route certified as being fit for purpose. In some cases, objections are received and not withdrawn, which obliges KCC to submit the case to the Planning Inspectorate. The result can be determined in one of three ways:
- Written representations: submitted by all parties. An Inspector will then assess the evidence against the criteria, make a site visit, and issue their decision.
- Hearing: an informal face-to-face round table discussion between the parties involved, led by an Inspector who identifies issues and asks questions. Everyone can make their case and respond to questions. The Inspector then issues a written decision.
- Public Enquiry: much more formal (and costly!) Not a court of law but the parties do usually sit apart from each other and ask each other questions. Can be quite adversarial! The Inspector’s written decision may take a bit longer. Used to be the norm in the “bad old days” but relatively rare now.
Local issues currently being determined at the Planning Inspectorate are at:
- Ottinge (Elham parish) – claimed restricted byway (which Andrew mentioned)
- Little Twitham (Wingham/Goodnestone parishes) – claimed byways, to become bridleways only?
- Nonington – two upgradings to restricted byway status claimed in the St Alban’s Downs area, in the east of the parish
- Eastry – claimed restricted byway, north of Selson Lane
I will let you know when decisions are eventually published
Development proposals affecting PROW
Nothing new affecting PROW in the last month. However, see comments below from Tony Bristow regarding two proposed solar arrays in Aldington.
As always, if you would like more details about any of the issues mentioned above, or any others for that matter, please contact Roger King on 07779 533 583, or e-mail roger.rambler89@outlook.com
This week, the Planning Inspector examining the larger of the two applications for a solar array in Aldington convened a specific hearing to consider the impact on the many Public Rights of Way within the proposed site. Detailed representations were made by our Local Footpath Officers and Rambler’s members. The Inspection is due to finish at the end of May with a recommendation to the Secretary of State due by the end of this year.
Meanwhile, EDF have appealed against the decision by Ashford Borough Council to refuse planning permission for the smaller proposed solar array in Aldington. This appeal will also now be considered by the Planning Inspectorate.
