Meeting documents

38 EMERGENCY EVACUATION PROCEDURE

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

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

The Committee RESOLVED that a Vice-Chair(person) was not required on this occasion.

40 DECLARATIONS OF INTEREST

There were none.

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

There was none.

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

There were none.

43 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

There were none.

44 MINUTES: TUESDAY 18TH APRIL 2006

The Committee RESOLVED that the minutes of the meeting held on Tuesday 18^th April 2006 be confirmed as a correct record and signed by the Chairman.

45 PROPOSED DIVERSION OF PUBLIC FOOTPATH BA7/1 - FULLER'S EARTH WORKS, PARISH OF COMBE HAY

The Team Leader PROW gave a presentation to the committee on this item.

In response to a question from the committee in relation to the possibility that the bunds may continue to enlarge and move southwards towards the new footpath, the Public Rights of Way Team Leader made the following response:

If the bunds continue southwards this would be a planning issue as opposed to a highways issue. However, with the conditions imposed, (if the proposed diversion is agreed upon) the bunds should not continue to move southwards. The proposed diversion requires the provision of a surfaced path with a wide verge adjacent to it to act as a buffer between it and any expansion of the bunds. This would result in the path moving further away from the bunds.

The off road motor-biking that takes place in the surrounding fields to the site is extremely efficiently marshalled and where the motorbikes cross the proposed footpath, marshalls are always present.

One of the objections to the proposed footpath was the need to be higher up to have a better vantage point of the view down the valley. However, due to large amount of woodland having been felled, the view has been opened up and hence the need to be higher up is no longer necessary.

The proposed diversion at the A367 was warmly welcomed as walkers would no longer have to walk on the main road (A367),which they currently have to do, but would instead meet up with the Byway Open to All Traffic.

The Chair thanked the Clerk to Combe Hay Parish Council and the committee debated the proposal and the following points were made:

The ward Councillor felt this proposed diversion was a step forward and would allow the public access to a beautiful walk, and the diversion would be advantageous for the public and the applicant.

With respect to imposing a timescale on the diversion works, the Public Rights of Way Team Leader explained that the works cannot be undertaken until the Order is in place. If objections to the proposal were raised, which he felt was likely, these would have to be dealt with first, possibly through a public enquiry. If this were the case, it could take at least 12 months for the objections to be dealt with. After this, completion of the works and certification of the order must take place, and hence to place a time scale on this would not be feasible.

In regard to the structural safety of the bunds, the Planning and Environmental Law Manager (Acting) advised that the Council has no legal jurisdiction over the stability of the bunds as they are on private land. Hence, if there were any injuries caused to members of the public in relation to the bunds, the owner would be liable for any claims. The Council has previously written to the owner of the land to explain this. Whether or not the bunds are a breach of planning control is a separate issue, but the Council did not have any powers which could require the owner to carry out a structural survey of the bunds.
ACTION POINT: The Council will write again to the owner of the land to re-inforce this.

The Public Rights of Way Team Leader explained that the newly proposed path is further away from the bunds.

The Ward Councillor expressed the point that once the new path (definitive line) has been agreed upon, if the bunds caused a problem in relation to this definitive line the Council would then have rights to take action against the owner. However, if there were any injuries the public could take a private action against the owner.

The Chair felt happy with the proposal overall but made the following points:

The bunds are a problem and will continue to be so in the future. Where possible the Council should endeavour to place restrictions on the owner of the land, in terms of protecting the public safety in relation to the bunds.

There are cables on the pathway that will need removing for public safety.

It was moved by Councillor Rosemary Todd and seconded by Councillor Stephen Willcox to accept the proposal.

46 NOTICE OF ITEMS FOR FUTURE MEETINGS.

The Public Rights of Way Team Leader notified the Committee of the following possible future items to be heard by the Committee: