Meeting documents

PRESENT -: Councillors: Chris Cray (Permanent Chair), Rosemary Todd, Tim Warren and Stephen Willcox

Apologies-: Councillors: Ruth Griffiths

Also in attendance: Councillor Betty Perry (Midsomer Norton Redfield Ward Councillor)

1 EMERGENCY EVACUATION PROCEDURE

The Committee Administrator drew attention to the emergency evacuation procedure as set out on the Agenda.

2 ELECTION OF VICE-CHAIR(PERSON) (IF DESIRED)

There was no vice-chair (person) elected.

3 DECLARATIONS OF INTEREST

During the consideration of application for the diversion of the unrecorded public footpath in Chilcompton Road, Midsomer Norton (Report 11), the Chair declared a personal but non-prejudicial interest in this item as a Member of Norton Radstock Town Council, and would therefore exercise his right to speak and vote on the matter.

4 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

There were no items of urgent business.

5 ITEMS FROM THE PUBLIC - TO RECEIVE DEPUTATIONS, STATEMENTS, PETITIONS OR QUESTIONS

The Committee noted that Members of the Public speaking with regards to specific items would have the opportunity to do so immediately preceding those items on the agenda. The Committee also noted a petition signed by 130 people who were opposing the diversion of the unrecorded public footpath at Chilcompton Road in Midsomer Norton (agenda item 11) and presented by Mr John Hitchens as their representative.

6 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

There were no items from Councillors.

7 MINUTES: THURSDAY 14TH APRIL 2005

RESOLVED that the minutes of the meeting held on Thursday 14th April 2005 be confirmed as a correct record and signed by the Chair(person).

8 DEFINITIVE MAP MODIFICATION ORDER TO RECORD 14 PUBLIC FOOTPATHS IN THE LANSDOWN WARD (Report 9).

The Committee received a report which was dealing with the evidence related to 16 alleged public footpaths in Lansdown Ward in Bath and sought Committee approval to make a Definitive Map Modification Order (DMMO) to record 14 of these paths on the Definitive Map and Statement (DMS) for the City of Bath. The Committee was asked to authorise that the Head of Transportation and Highways be granted delegated authority to take all action to make an Order to Modify the DMS by adding the public footpaths as shown in report.

The Committee also considered documents submitted by Members of the Public in regards of the following footpaths: AQ9, AQ195, AQ327 and AQ341.

Copies of the documents are available on the minute book in Democratic Services for inspection.

The Definitive Map Project Officer gave a presentation on this report and explained reasons for the recommendation to record 14 footpaths in Lansdown Ward.

Members of the Committee welcomed this report and on a motion from Councillor Rosemary Todd and seconded by Councillor Tim warren, it was RESOLVED that the Head of Transportation and Highways be granted delegated authority to take all action to make an Order to Modify the Definitive Map and Statement by adding the public footpaths as shown on the plans in the report and to confirm the Order if no duly made objections are received to the Order. Voting: All in Favour. Motion carried.

9 CONSIDERATION OF OBJECTIONS TO DEFINITIVE MAP MODIFICATION ORDER TO RECORD A PUBLIC FOOTPATH AT ST NICHOLAS COURT, BATHAMPTON (Report 10).

The Committee received the objections made to the Bath and North East Somerset Council for St. Nicholas Court Public Footpath BA1/41 Definitive Map and statement Modification Order 2004 prior to forwarding the order to the Secretary of State for the Department of Environment, Food and Rural Affairs (DEFRA).

The Committee also considered a letter submitted by the representative of St. Nicholas Residents Association.

Copy of the letter is available on the minute book in Democratic Services for inspection.

On a motion from Councillor Tim Warren, seconded by Councillor Rosemary Todd, it was RESOLVED that the Bath and North East Somerset Council (St. Nicholas Court, Public Footpath BA1/41, Bathampton) Definitive Map and Statement Modification Order 2004 be forwarded to the Secretary of State for the Department of Environment, Food and Rural Affairs with the request that Secretary of State confirms the Order as made. Voting: All in Favour. Motion carried.

10 APPLICATION FOR THE DIVERSION OF UNRECORDED PUBLIC FOOTPATH (CHILCOMPTON ROAD, MIDSOMER NORTON) (Report 11).

The Committee received a report which explained that Bath and North East Somerset Council has received an application for the making of a Public Path Diversion Order under section 257 Town & Country Planning Act 1990, to divert an unrecorded public footpath at Chilcompton Road, Midsomer Norton in order to allow residential development to take place (Planning Permission ref: 00/00316/FUL (granted by Bath & North East Somerset Council 31/08/04)). The Officers informed Members of the Committee that following informal consultations, an objection has been received. The Committee was therefore required to consider the application and objection and determine whether to authorise the making of an Order as requested or to reject the application.

The Committee considered a petition signed by 130 people who were opposing the diversion of the footpath off Chilcompton Road through the development known as Barkley Wood for the following reasons which were:

Petition is available on the minute book in Democratic Services for inspection.

The Committee also considered oral statement by Councillor Betty Perry, Midsomer Norton Redfield Ward Councillor and two Members of the Public, the Speakers List being attached as Appendix 1 to these Minutes.

Councillor Betty Perry informed the Committee that she is speaking on behalf of the residents and that she fully support wishes of the residents to reject the diversion of this footpath. She also asked the Members of the Committee to consider interest of the community and their human rights. She finished her statement by informing the Committee that Norton Radstock Town Council, on which she is a Member of, unanimously was against this diversion.

The Chair thanked the Officers, Members of the Public and Councillor Betty Perry on their statements.

During the discussion of this item the Chair indicated that Norton Radstock Town Council had voted to oppose the proposal.

The Public Rights of Way Officer responded on number of questions made by the Members of the Committee in regards of the necessity of the diversion, width of the proposed path and consultation that took place with interested parties.

On a motion from Councillor Tim Warren, seconded by Councillor Rosemary Todd, it was RESOLVED to overturn the Officers recommendation in the report to approve and instead reject the application for the making of a Public Path Diversion Order under section 257 Town & Country Planning Act 1990, to divert an unrecorded public footpath at Chilcompton Road, Midsomer Norton in the interest of community and residents living in that area. Voting: All in Favour. Motion carried.

(Following representations from the applicant, the Council's Monitoring Officer has recommended that the above decision be rescinded and that the matter be remitted back to the Committee for fresh consideration)

11 APPLICATION FOR THE DIVERSION OF PUBLIC FOOTPATH BA25/21 (BROOK LODGE, WELLOW) (Report 12).

The Committee received a report which explained that Bath and North East Somerset Council has received an application for the making of a Public Path Diversion Order under section 119, Highways Act 1980. Following informal consultations two objections were received. The Committee was required to consider the application and objections and determine whether to authorise the making of an Order as requested or to reject the application.

The Committee also considered oral statement by Member of the Public, the Speakers List being attached as Appendix 1 to these Minutes.

Copy of the statement is available on the minute book in Democratic Services for inspection.

The Chair thanked Officers for their presentation.

Members of the Committee did not consider that the nature of the road onto which the proposed diversion emerges was such that the concerns raised in the objections to the proposal were sufficient to justify rejection of the application. Furthermore, Members accepted that the proposed diversion has been used by walkers for many years indicating their preference for that route to walking through the grounds of a private house.

On a motion from Councillor Stephen Willcox, seconded by Councillor Tim Warren, it was RESOLVED to overturn the Officers recommendation in the report to reject and instead authorise making of a Public Path Diversion Order under section 119, Highways Act 1980 for the diversion of Public Footpath BA25/21 (Brook Lodge, Wellow).in the interest of residents living in that area. Voting: All in Favour. Motion carried.

12 UPDATE OF DEFINITIVE MAP ORDER AND PUBLIC PATH ORDER WORK (Report 13).

RESOLVED to note the present position regarding Definitive Map Order and Public Path Order work.

13 NOTICE OF ITEMS FOR FUTURE MEETINGS (Report 14).

RESOLVED to note that the next meeting of the Committee would be on 11^th October 2005.

The meeting ended at 11.10am

Chair (person)...................................................................................

Date Confirmed and Signed...........................................................