The Rights of Way Manager presented a report which sought authorisation to revoke the original decision in regard to the proposed diversion of Footpath 19 Coychurch Lower and proposed part extinguishment of Footpath 18 Coychurch Lower made by the Rights of Way Sub-Committee on the 5th October 2021 and to request authorisation for the making of two Orders pursuant to Section 257 (diversion) and Section 258 (Extinguishment) of the Town & Country Planning Act 1990, on land east of the A48 (Crack Hill), Brocastle, Bridgend, CF31 5AU.

The Rights of Way Manager provided background to the report as detailed at section 3 of the report. Of particular note was the fact that the matter had previously been reported to the Rights of Way Sub-Committee on the 5^th October 2021. It was having to be reconsidered due to slight changes to two sections of the proposed diverted route having been discovered prior to the previously authorised Orders being made.  The plan in Appendix A to the report showed the consent curtilage of the planning consent. The section of Footpath 19 Coychurch Lower which is proposed to be diverted is shown by solid black lines between Points A-B on the plan in Appendix D to the report.

He explained that the section of Footpath 18 Coychurch Lower which is proposed to be extinguished is shown by solid black lines between Points J-W on the plan in Appendix D to the report; and, for completeness, the two new links to be created are shown by dashed black lines between Points A-M-N-O-P-Q and R-S-TU-V on the plan in Appendix D to the report.

The Rights of Way Manager explained that currently Footpath 19, Coychurch Lower commences at Point A (Grid Ref. SS 92857765), as shown on the plan in Appendix D, and proceeds in a general east north-easterly direction for approximately 615 metres to its termination point at the Brocastle Brook (County Borough Boundary) at Point B (Grid Ref. SS 93407790). The definitive width of the route is undefined. The footpath has a natural surface.

He explained that the proposed alternative routes of Footpath 19, Coychurch Lower were described in detail in paragraphs 4.2 and 4.3 of the report. Further information in regard to the various proposals was outlined at section 4 of the report.

The Rights of Way Manager highlighted an error in the report at paragraph 4.2. The paragraph references point X of appendix D, however this should read point Z.

The Rights of Way Manager stated that in accordance with the Rights of Way Section’s standard consultation process for Public Path Orders the local County Borough Council member, Coychurch Lower Community Council, the British Horse Society, Bridgend Ramblers Association, other user groups and interested bodies, South Wales Police and public utilities, were all consulted on the proposal in September 2018. No objections were received from:

Bridgend Ramblers Association

South Wales Police

Wales & West Utilities

Coychurch Lower Community Council

Objections were received by Dwr Cymru Welsh Water (DCWW) as they had apparatus in the area that was affected by the proposal. Discussions took place between the agent and DCWW and a final email was sent stating that as a result of those discussions DCWW would be withdrawing their objection.

Further information on the new proposals, which were submitted by the applicant as a result of proposed changes to the planning consent, a further consultation was undertaken in July 2020. Details of this and the objections received were provided at section 4 of the report.

There were no questions from Members.

RESOLVED:

• That authorisation be given to revoke the original decision in regard to the proposed diversion of Footpath 19 Coychurch Lower and part extinguishment of Footpath 18 Coychurch Lower as shown on the plan in Appendix B to the report, that was made by the Rights of Way Sub-Committee on the 5th October 2021.

• That authorisation be given for the Chief Officer - Legal, HR and Regulatory Services to make the necessary Orders to seek to divert Footpath 19 Coychurch Lower and to part extinguish Footpath 18 Coychurch Lower as shown on the plan in Appendix D to the report, subject to the amendment to reflect points Z as opposed to point X as indicated at 4.2 of the report, and to confirm the Orders provided no objections or representations are made within the prescribed period, or if any so made are withdrawn.

• That the Chief Officer - Legal, HR and Regulatory Services be authorised to forward the Order(s) to the Welsh Government for determination, if any objections received are not withdrawn.

• That the Order(s) excludes any section of the diversion, which utilises highways which are maintainable by Bridgend County Borough Council, as public rights already exist over them.