Meeting documents

Regulatory (Access) Committee
Tuesday, 8th January, 2008

BATH AND NORTH EAST SOMERSET COUNCIL

MINUTES OF REGULATORY (ACCESS) COMMITTEE

Tuesday 8th January 2008

PRESENT -: Councillors: Chris Cray (Chairman), Neil Butters, Stephen Willcox, Nicholas Coombes and Tim Warren.

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

26 EMERGENCY EVACUATION PROCEDURE

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

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

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

28 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

There were none.

29 DECLARATIONS OF INTEREST

There were none.

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

There was none.

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

The Chair confirmed that all Committee Members received and read in advance of the meeting a statement from Mr Maurice Nash relating to the report 9 on the agenda - Objections received against Bath and North East Somerset (Public Footpath BA22/17 Bridge Farm, South Stoke) Public Path Diversion Order 2007.

32 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

There were none.

33 MINUTES: TUESDAY 9TH OCTOBER 2007

It was RESOLVED that the minutes of the meeting on Tuesday 9th October 2007 be confirmed as a correct record and signed by the Chairman, subject to the following addition:

Minute 17, Apologies for Absence and Substitution - to include that `Councillor Stephen Willcox sent his apology for this meeting'.

34 OBJECTIONS RECEIVED AGAINST BATH AND NORTH EAST SOMERSET (PUBLIC FOOTPATH BA22/17 BRIDGE FARM, SOUTH STOKE) PUBLIC PATH DIVERSION ORDER 2007 (Report 9)

The Committee considered objections received against Bath and North East Somerset (Public Footpath BA22/17 Bridge Farm, South Stoke) Public Path Diversion Order 2007 and were asked to decide whether to abandon the Order or to send it, along with objections not withdrawn, to the Secretary of State (SoS) for determination.

The Public Rights of Way Team Leader informed the Committee that Public Footpath BA22/17 was in Bathavon South Ward and not in Bathavon West Ward. He also said that the objector, Mr J Short, who is the owner of the canal basin lying immediately west of point C on the order plan had withdrawn his objection.

Councillor Neil Butters read out a letter from South Stoke Parish Council in support of the diversion but asking for confirmation that the landowner would be required to keep the hedges adjacent to the new route cut back. The Public Rights of Way Team confirmed that this would happen. He noted that South Stoke Parish Council had sent a letter to this effect in response to the initial informal consultation. The report to Committee did not refer to this as it relied on responses to the formal consultation only. However, the Public Rights of Way Team Leader had a conversation on this matter with the South Stoke Parish Council on Monday 7th January 08.

It was moved by Councillor Tim Warren, seconded by Councillor Neil Butters, and unanimously RESOLVED to send the Order and objections to the Secretary of State for determination, with the recommendation that the Order is confirmed as made.

35 OBJECTIONS TO BATH AND NORTH EAST SOMERSET COUNCIL (PUBLIC FOOTPATH AQ78 AT CLAVERTON DOWN, BATH) DEFINITIVE MAP AND STATEMENT MODIFICATION ORDER (NO.1 CLAVERTON DOWN) 2006 (Report 10)

In January 2005 this Committee considered evidence relating to an alleged public footpath at Claverton Down and decided to make a Definitive Map Modification Order ("the Order") to record the path on the Definitive Map and Statement. Following advertisement of the Order, two objections were received. The Committee was informed that the Order must now be submitted to the Secretary of State so that it can be determined independently by an inspector.

It was moved by Councillor Nicholas Coombes, seconded by Councillor Chris Cray, and unanimously RESOLVED that the Assistant Director Environmental Services be granted delegated authority to recommend to the Secretary of State that Bath and North East Somerset Council (Public Footpath AQ78 at Claverton Down, Bath) Definitive Map and Statement Modification Order (No. 1 Claverton Down) 2006, be confirmed without modifications.

36 DEFINITIVE MAP MODIFICATION ORDER TO ADD A PUBLIC FOOTPATH OVER DRANSFIELD WAY BETWEEN CORONATION AVENUE AND IVY AVENUE BATH (Report 11)

This report was submitted to assist the Committee in determining an application for a Definitive Map Modification Order to be made under section 53 (2) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by adding a public footpath over Dransfield Way between Coronation Avenue and Ivy Avenue.

It was moved by Councillor Tim Warren, seconded by Councillor Stephen Willcox, and unanimously RESOLVED that the Assistant Director Environmental Services be granted delegated authority to refuse to make an Order to modify the Definitive Map and Statement to add the public footpath between Coronation Avenue and Ivy Avenue.

37 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.

38 NOTICE OF ITEMS FOR FUTURE MEETINGS

The Public Rights of Way Team Leader informed the Committee that an application for registration of land as Town or Village Green at the Hawthorns, Keynsham would be considered at the April 08 meeting.

It was RESOLVED to note the verbal update.

The Committee was informed that Stuart Higgins of the PROW Team was leaving the authority shortly to take up a new post with West Berkshire Council. The Chair, on behalf of the Committee, passed on his thanks to Stuart for all his hard work and wished him the best for the future.

The meeting ended at 10.30am

Chairman

Date Confirmed and Signed