Meeting documents

13 EMERGENCY EVACUATION PROCEDURE

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

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

It was RESOLVED that Councillor Tim Warren be elected as the Vice-Chair for this meeting only.

15 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

There were none.

16 DECLARATIONS OF INTEREST

Councillor Chris Cray declared a personal and prejudicial interest in the agenda item 10 (Chelscombe Farm, Charlcombe) as he had been Council's representative on the Joint Local Access Forum (JLAF) where this matter had been discussed on 6^th March meeting and he would leave the meeting for its consideration in case his previous involvement may be perceived as a bias or otherwise.

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

There was none.

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

The Committee noted that there were four members of the public who wished to make statements and that they would be able to do so when reaching those items on agenda.

The Chairman invited John Ives (local correspondent for Open Spaces Society) to read his statement about `Authorisations of structures on Public Rights of Way'.

Mr Ives read his statement in which he highlighted that the structures (gates, stiles) on a public right of way should be looked at and should be fit for purpose rather then being an obstruction for public rights of way users. He also provided copies of the guide and application for gates and stiles on a public right of way.

Full copies of the statement, guide and application for gates and stiles on a public right of way are held on the minute book in Democratic Services.

The Chairman thanked Mr Ives for his statement and asked the Committee to note the comments from the statement and ask the officers to consider those comments.

The Committee agreed with this proposal.

19 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

Councillor Neil Butters informed the Committee of the decision by Somer Housing to sell a piece of land in Shoscombe to an adjacent householder. The land, which was part of the transfer of housing stock from the Council to Somer over 10 years ago, had previously been part of an open grassed area widely used by local children for play. The sale of the land had caused great concern and residents were considering what action they could take to safeguard the land including making an application to register it as village green. Councillor Butters had raised the issue with the Managing Director of Somer who recognised these concerns. Councillor Butters asked if the Committee or PROW Team could do anything about this.

The Public Rights of Way Team Leader replied that this issue had been raised with him by residents. There was little that the PROW Team could do but he had advised the residents to contact the Council's Property Services Department to see if there were any restrictions on Somer's disposal of land arising from the original transfer from the Council. The Committee also fulfils the Council's role in determining applications for village green status and thus needs to maintain a neutral and independent position on such issues.

20 MINUTES: TUESDAY 8^TH JULY 2008

It was RESOLVED that the minutes of the meeting on Tuesday 8^th July 2008 be confirmed as a correct record and signed by the Chair.

21 DRAFT PUBLIC PATH ORDER POLICY (Report 9)

The Chairman invited John Ives to read his statement.

Mr Ives read his statement in which he highlighted that a new diversion application form should be developed in order to attract only genuinely warranted applications which would generate fewer objections and a subsequent quicker turnaround.

A full copy of the statement from Mr Ives is available on the minute book in Democratic Services.

The Chairman invited the Public Rights of Way Team Leader to introduce the report.

The Public Rights of Way Team Leader informed the meeting that the aim of the policy would be to enable applicants to understand how the Council, through the Committee and PROW Team, exercises its discretion to accept or refuse applications for Public Path orders.. The draft policy is here for the Committee to make comments (if any) and it is also going through a wider public consultation process. Public consultation would finish on 1 May 2009. The policy would be presented to the Cabinet Member for adoption in due course and progress would be reported back to the Committee in July.

It was RESOLVED to note the draft Public Path Order Policy.

22 CHELSCOMBE FARM, CHARLCOMBE (Report 10)

Miss Ford said that footpaths BA5/29 and BA5/12 were not public footpaths. They were both private paths. She also said that there was no record or signed agreement when those paths became public. She concluded by saying that her land had been wrongly described as `open country' land.

The Vice-Chair invited Ray Newbigin to read his statement.

Mr Newbigin (Chairman of the Joint Local Access Forum) read his statement in which he highlighted a support to the officers' recommendation to implement the proposal as soon as possible.

A copy of the statement from Mr Newbigin is available on the minute in Democratic Services.

The Public Rights of Way Mapping Officer introduced the report.

It was moved by Councillor Stephen Willcox, seconded by Councillor Nicholas Coombes, and unanimously RESOLVED to authorise the Divisional Director Environmental Services to make a Public Path Creation Order to create a new public footpath and to make a Public Path Diversion Order to divert sections of public footpaths BA5/29 and BA5/12 and to confirm the Orders if unopposed.

23 LONG HOUSE FARM, CHEW STOKE DIVERSION ORDER (Report 11)

Councillor Chris Cray returned to the meeting.

The Chairman invited John Ives to read his statement.

Mr Ives read his statement in which he asked the Committee to have a site visit and highlighted that the legal test of expediency of this application does not stack up. Mr Ives also circulated 2 photographs of parts of the new route with the acceptance of the Committee and other parties present.

Copies of the statement and photographs from Mr Ives are available on the minute book in Democratic Services.

The Chairman invited Lindsey Suenson-Taylor to read her statement.

Ms Suenson-Taylor read her statement in which she said that it must be considered expedient for the order to be confirmed by the Committee for the safety and security of her home and agricultural business and that proposed diversion would offer a convenient and attractive alternative to the public. Ms Suenson-Taylor also circulated 14 photographs of different parts of the route with the acceptance of the Committee and other parties present.

The Chairman invited the Public Rights of Way Mapping Officer to introduce the report. The officer said that he received two objections on this proposal and that one of those objections had been withdrawn. He concluded by saying that the proposed order meets the test.

Members of the Committee debated this item and felt that the diversion order would be a vast improvement to the present path.

It was moved by Councillor Tim Warren, seconded by Councillor Neil Butters, and unanimously RESOLVED that the Order and objections to the Order should be sent to the SoS for determination with the recommendation from the Committee that the Order be confirmed as made.

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

The Chair invited the Definitive Map Officer to give an update.

The Definitive Map Officer went through the update with the Committee Members.

Members of the Committee asked if the staffing problems in the Public Rights of Way team had been resolved.

The Public Rights of Way Team Leader said that the new Public Rights of Way Mapping Officer had been appointed. He also said that one member of the staff went on maternity leave and there would be no temporary replacement for that staff member.

It was RESOLVED to note the report.

25 NOTICE OF ITEMS FOR FUTURE MEETINGS

The Public Rights of Way Team Leader informed the Committee that three of the diversions/orders would be subjects of the public inquiries that would be held this summer.

The Chair thanked to everyone who participated in this meeting.