Meeting documents

Regulatory (Access) Committee
Tuesday, 10th July, 2007

BATH AND NORTH EAST SOMERSET COUNCIL

MINUTES OF REGULATORY (ACCESS) COMMITTEE

Tuesday 10th July 2007

PRESENT -: Councillors: Chris Cray (Chairman), Neil Butters, Caroline Roberts (substitute for Nicholas Coombes), Peter Edwards (substitute for Tim Warren) and Steve Willcox.

Also in attendance: Will Steel (Team Leader - Public Rights of Way PROW), Jenny King (Definitive Map project Officer), Simon Elias (Legal Adviser) and Jack Latkovic (Democratic Services Officer).

1 APPOINTMENT OF CHAIRMAN

On a motion from Councillor Steve Willcox, seconded by Councillor Peter Edwards, it was RESOLVED that Councillor Chris Cray be elected to act as Chairman of the Committee for this Municipal Year.

2 EMERGENCY EVACUATION PROCEDURE

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

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

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

4 APPOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Councillors Nicholas Coombes and Tim Warren sent their apologies for this meeting. Councillors Caroline Roberts and Peter Edwards were their substitutes.

5 DECLARATIONS OF INTEREST

There were none.

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

There was none.

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

The Committee noted that there were members of the public wishing to make statements on Report 10 of the Agenda, and that these speakers would be heard when this Item was reached on the Agenda.

8 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

There were none.

9 MINUTES: TUESDAY 30TH JANUARY 2007

It was RESOLVED that the minutes of the meeting on Tuesday 30th January 2007 be confirmed as a correct record and signed by the Chairman subject to the following amendments:

Minute 65, paragraphs 2, 3 and 4 - It should read that those speakers made their statements in favour of the recommendation.

Minute 65, paragraphs 5, 6 and 7 - It should read that those speakers made their statements against the recommendation.

10 DETERMINATION OF AN APPLICATION TO RECORD ST. JOHN'S FIELD, UNIVERSITY OF BATH AS A VILLAGE GREEN UNDER COMMONS REGISTRATION ACT 1965 (Report 10)

The Committee considered an application to record St. John's Field at the University of Bath, Claverton Down as a Village Green under the Commons Registration Act 1965.

Professor George Lunt, from University of Bath, made a five minute statement against the application.

Mr Chris Beezley, the applicant, made a five minute statement in favour of the application.

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

The Chairman thanked the speakers for their contribution.

The Public Rights of Way Team Leader summarised the position with regard to the application, particularly the Inspector's recommendation as to the determination of the application. In addition, the Committee were informed that it was not the role of the Committee acting as Registration Authority, nor within their power, to bind the Council corporately in relation to the applicant's request that the Council take action to ensure that the St John's Field remains available to the public or suitable alternative provision is made. However, this request could be communicated by the Public Rights of Way Team to the relevant person(s) within the Council involved in such matters.

The Committee debated this application, including the planning history of the site, report from the inspector and status of the community.

It was moved by Councillor Steve Willcox, seconded by Councillor Neil Butters, and RESOLVED to approve the inspector's and the officer's recommendation to refuse this application.

The Committee noted that the shared permissive use by the local community of St John's Field was important, and such importance should be communicated to the relevant person(s) within the Council with a view that further investigation is made as to the way forward corporately.

11 OBJECTION RECEIVED AGAINST BATH AND NORTH EAST SOMERSET COUNCIL (CITY OF BATH DEFINITIVE MAP AND STATEMENT MODIFICATION ORDER) (NO. 2 - LANSDOWN) 2005; (UNRECORDED PUBLIC FOOTPATHS AQ327 AND AQ341) (Report 11)

The Committee considered the objections made to two of the footpaths included in the Bath and North East Somerset Council (City of Bath Definitive Map and Statement Modification Order (No.2 - Lansdown) 2005), prior to forwarding them to the Secretary of State for the Environment, Food and Rural Affairs (DEFRA).

The Committee also considered the late observations from the officers including the comments from the objector.

Late observations with the objectors' comments are attached as Appendix 1 (pdf - 185 kb) to these minutes.

The Chairman thanked the officers for their presentation.

The Committee debated this objection.

It was moved by Councillor Neil Butters, seconded by Councillor Caroline Roberts, and RESOLVED to approve the officer's recommendation that the opposed parts of the Bath and North East Somerset Council (City of Bath Definitive Map and Statement Modification Order) (No.2 - Lansdown) 2005) be forwarded to the Secretary of State with the request that he confirms that part of the order relating to Mount Road (AQ327) without modifications but does not confirm that part relating to Bella Vista (AQ341)..

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

The Committee considered the update on the present position regarding the Definitive Map Order and Public Path Order.

It was RESOLVED to note the report.

13 NOTICE OF ITEMS FOR FUTURE MEETINGS (Report 13)

The Public Rights of Way Team Leader informed the Committee that there would be a report for Definitive Map Modification Order in Kingsmead Ward at the next meeting.

It was RESOLVED to note the verbal update.

14 FUTURE MEETING DATES AND VENUES (Report 14)

It was RESOLVED to note future meeting dates and venues.

The Chairman thanked the Committee Members and the officers for their contribution at this meeting.

The meeting ended at 10.35am

Chairman

Date Confirmed and Signed