Residents have raised concerns at recent notice placed around the footpaths at Thunderbrook Estate. It was recently discussed at the Planning Meeting on Wednesday 13th September 2023 where the Chair, Councillor Steve Walls and Councillor Carole Tan had contacted Wiltshire Council for clarification. The following information has been provided by Wiltshire Council:-
Deposit of Map and Statement under Sections 31(6) Highways Act 1980 and 15A(1) Commons Act 2006
Form CA16 – Thunder Brook Area, Royal Wootton Bassett
In respect of the notice of the above-mentioned deposit of Map and Statement under Sections 31(6) of the Highways Act 1980 and 15A(1) of the Commons Act 2006 – Form CA16, Thunder Brook area, Royal Wootton Bassett. The deposit referred to in the notice can be viewed in full on the Wiltshire Council website, using the following link:
Just to confirm that these applications are dealt with by the Rights of Way Team at Wiltshire Council, so please feel free to refer any requests for additional information to us. The notice posted on site is to inform the public that the landowner has submitted a deposit under Section 15A(1) of the Commons Act 2006. The same deposit is also submitted under Section 31(6) of the Highways Act 1980, but this is not referred to in the notice as this part is not required to be advertised.
The Section 15A(1) part brings to an end the period of time for which local inhabitants could claim that the land has been used for lawful sports and pastimes, in order to prevent registration of the land as a town or village green.
The Section 31(6) part means that the landowner has identified the recorded public rights of way (footpaths, bridleways, restricted byways and byways open to all traffic recorded on the Definitive Map of Public Rights of Way) which exist over their land. The land is shown on the plan deposited and any recorded public rights of way are also shown on this plan. The application states that they do not intend to create any new recorded public rights of way. If there are unrecorded paths over the land used regularly by the public, the notice does not mean these will be closed, though the landowner may choose to do so if they wish. If there are unrecorded paths that have been used without permission and without challenge from the landowner, an application can be made to add these to the Definitive Map by way of deemed dedication. If a member of the public wished to make such an application they would have to demonstrate that the path/s were used by the public for a period of 20 years or more, prior to the date the Section 31(6) application was submitted. There are other means by which the public may apply to create rights of way, for example by historical evidence, that are unaffected by such an application
Residents are encouraged to submit their thoughts to Janice Green, Senior Definitive Map Officer at Wiltshire Council (details below).
Direct phone no is: 01225 713345
Address: Janice Green, Senior Definitive Map Officer,
Rights of Way and Countryside,
Wiltshire Council, Country Hall,
Trowbridge, BA14 8JN