Meeting documents

Regulatory (Access) Committee
Tuesday, 30th January, 2007

BATH AND NORTH EAST SOMERSET COUNCIL

REGULATORY (ACCESS) COMMITTEE

Tuesday 30th January 2007

PRESENT -: Councillors: Chris Cray (Chairman), Ruth Griffiths, Rosemary Todd, Tim Warren and Steve Willcox.

Also in attendance: Colin Hudson (Team Leader - Public Rights of Way PROW), Stuart Higgins (PROW Technician), Simon Elias (Legal Adviser).

Councillors David Bellotti and Betty Perry (ward councillors)

56 EMERGENCY EVACUATION PROCEDURE

The Democratic Services Officer drew attention to the emergency evacuation procedure as set out on the Agenda.

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

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

58 DECLARATIONS OF INTEREST

Councillor Cray declared a non-prejudicial interest in item 9 (minute number 64). He would not take part in the debate or vote on this item.

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

There was none.

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

The Chair agreed that the members of the public speak in respect of the appropriate agenda item.

61 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

The Chair agreed that councillors speak in respect of the appropriate agenda item.

62 MINUTES: TUESDAY 10TH OCTOBER 2006

RESOLVED that the minutes of the meeting on Tuesday 10th October 2006 be confirmed as a correct record and signed by the Chair(person).

63 OBJECTIONS RECEIVED AGAINST BATH AND NORTH EAST SOMERSET (PUBLIC FOOTPATH BA7/1, FULLERS EARTHWORKS, COMBE HAY) PUBLIC PATH DIVERSION ORDER 2006 (Report 8)

The Committee considered the report which gave details of objections received against a public path diversion order and sought determination of whether to abandon the order or submit it to the Secretary of State for determination.

The Clerk to Combe Hay Parish Council made a three minute statement in favour of the recommendation.

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

Paragraph 5.2, the PROW Technician confirmed that `upheld objections' referred to those objections which were not withdrawn.

Paragraph 6.1, the PROW Technician confirmed the minor alterations were undertaken on the eastern end of the path to follow the contours of the land.

The proposed diversion would be more convenient for the public, more accessible for mobility impaired people and safer.

Councillor Rosemary Todd moved the recommendation, seconded by Councillor Tim Warren and it was

RESOLVED that the Public Path Diversion Order (Public Footpath BA7/1, Fullers Earthworks, Combe Hay)and objections be submitted to the Secretary of State for determination, with the recommendation that the Order is confirmed as made.

64 BATH AND NORTH EAST SOMERSET COUNCIL (UNRECORDED PUBLIC FOOTPATH, CHILCOMPTON ROAD, NORTON RADSTOCK) PUBLIC PATH DIVERSION ORDER (Report 9)

The Committee considered the report which gave details of objections made to the public path diversion order and sought determination of whether to abandon the order or submit it to the Secretary of State for determination.

John Hitchens made a three minute statement against the recommendation.

Councillor Betty Perry (Ward Councillor) made a three minute statement against the recommendation.

Mr Swinton made a three minute statement in favour of the recommendation.

Any statements handed to the Democratic Services Officer are available on the minute book in Democratic Services for inspection).

The Chair thanked the speakers for their contribution.

The PROW Technician confirmed that the safety points had been outlined in the report which had been circulated to all parties. He also confirmed that if the order was submitted to the Secretary of State it would be looked at in more detail, a public inquiry would be held and a site visit would take place.

Councillor Tim Warren moved the recommendation, seconded by Councillor Steve Willcox and it was

RESOLVED that the Public Path Diversion Order (Unrecorded Public Footpath, Chilcompton Road, Norton Radstock) be submitted to the Secretary of State for determination, with the request that he confirm the Order as made.

65 (BEECHEN CLIFF SCHOOL - UPPER PLAYING FIELDS) (Report 10)

The Committee considered the report which sought determination of an application to extinguish part of public footpath BC43/1 and gave details of objections against the application.

Martin Broadbent (Greenway Residents Association) made a three minute statement against the recommendation.

David Kennedy (Friends of Alexandra Park) made a three minute statement against the recommendation.

David Waterstone (Footpath Secretary of the Ramblers Association) made a three minute statement against the recommendation.

Andrew Davies (Head of Beechen Cliff School) made a three minute statement in favour of the recommendation.

Dr Tim Harris (Governor of Beechen Cliff School) made a three minute statement in favour of the recommendation.

Councillor David Bellotti (Ward Councillor) made a statement in favour of the recommendation.

During discussion the following points were made:

Dog enforcement - the PROW Technician confirmed if a dog was dangerously out of control it would be a police matter, if fouling occurred on a council footpath it was the responsibility of the Council Dog Warden, if off the path if was the responsibility of the landowner.

There is a need for improved signage and the Dog Warden to strictly enforce policy .

There is a need to balance the needs of all parties - the school and dog walkers/ramblers.

Members expressed sympathy for the school and the health issues raised.

Concern that the proposed diversion was not suitable for the mobility impaired.

The significant cost of fencing.

The PROW Technician confirmed that the proposed diversion would require some landscaping.

Councillor Ruth Griffiths moved the recommendation, seconded by Councillor Steve Willcox and it was

Voting: 3 in favour and 2 against . Motion carried.

RESOLVED that the application to extinguish part of public footpath BC43/1 (Beechen Cliff School - upper playing fields) be refused and a diversion of the footpath around the perimeter of the upper playing field be authorised, in agreement with the school.

66 DEFINITIVE MAP MODIFICATION ORDER TO ADD A PUBLIC FOOTPATH IN OLDFIELD, WARD (Report 11)

The Committee considered the report which sought approval for a Definitive Map Modification Order to add a public footpath across the access road to the property known as The Moorlands, Bath.

Councillor Ruth Griffiths moved the recommendations, seconded by Councillor Steve Willcox and it was

RESOLVED that the Assistant Director Environmental Services be granted delegated authority to take all action to make an Order to modify the Definitive Map and Statement, by adding the public footpath as shown on the plan at Appendix 1 of the report and to confirm the Order if no duly made objections are received to the Order.

67 INFORMATION REPORT RE: DEFINITIVE MAP MODIFICATION ORDER TO ADD 45 PUBLIC FOOTPATHS IN NEWBRIDGE WARD, BATH REPORTED TO THE REGULATORY ACCESS COMMITTEE MEETING ON 10TH OCTOBER 2006 (Report 12)

The Committee considered the report which provided an update following the decision of Committee on 10 October 2006, regarding the making of an Order to add 45 public footpaths in Newbridge Ward, Bath to the Definitive Map and Statement.

Councillor Rosemary Todd moved the recommendation, seconded by Councillor Tim Warren and it was

RESOLVED that the report be noted.

68 NOTICE OF ITEMS FOR FUTURE MEETINGS

The PROW Technician circulated a document which gave an update of definitive map order and public path order work. A copy is available on the minute book.

RESOLVED that the report be noted.

The meeting ended at 11.30am

Chair(person)

Date Confirmed and Signed