Agenda item

JW introduced this item and tabled the Order and recent photographs shown in papers pages 13-17.  JW explained the reason for the public inquiry on the 15^th November 2016.  The objections that have been submitted focus on the argument that the way is wider than has been stated in the Order and that there are public vehicular rights that ought to be recorded requiring a higher status of Public Right of Way and therefore higher level of maintenance by the Council.  The objections are based on the belief that the width set out under the Inclosure Award 1813, which is approx. 30ft, is the width that has public rights along it, rather than the width that is currently in use. 

The Inspector will make a decision on the day based on the evidence put forward.  JW confirmed that the Council has to pay for the cost of the Inquiry under the legislation.  DM queried if residents would lose their gardens if the inspector decides against the current Order.  JW confirmed this could happen but any outcomes will become clear after the matter is settled by the Inspector’s decision.  JW confirmed BRN is not a through route for vehicles but that the objectors are saying there is public vehicular use. 

The Inquiry is booked to take place over two days at St Martin’s Place, and members agreed to inform JW should they wish to attend.