Meeting documents

Regulatory (Access) Committee
Tuesday, 5th January, 2010

BATH AND NORTH EAST SOMERSET COUNCIL

MINUTES OF REGULATORY (ACCESS) COMMITTEE

Tuesday 5th January 2010

PRESENT -: Councillors: Neil Butters, Stephen Willcox, Shaun McGall and Nicholas Coombes (substitute for Chris Cray).

Also in attendance: Simon Elias (Legal Adviser), Graeme Stark (Public Rights of Way Mapping Officer), and Mike Curtis (Democratic Services Officer).

14 ELECTION OF CHAIR(PERSON)

Nominations were sort and it was RESOLVED unanimously that Neil Butters would be chair(person) for the meeting.

15 EMERGENCY EVACUATION PROCEDURE

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

16 ELECTION OF VICE CHAIR(PERSON) (IF DESIRED)

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

17 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Apologies were received from Councillor Chris Cray, and Councillor Tim Warren.

18 DECLARATIONS OF INTEREST

There were none.

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

There was none.

20 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.

21 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

There was none.

22 MINUTES: TUESDAY 30TH JUNE 2009

It was RESOLVED that the minutes of the meeting on Tuesday 30TH June 2009 be confirmed as a correct record and signed by the Chair. Subject to the following addition:

Minute 3, Apologies for Absence and Substitution - to include that `Councillor Stephen Willcox sent his apology for this meeting'

23 PUBLIC PATH ORDER DIVERSION (OBJECTION) - BROOK LODGE, WELLOW (Report 9)

The Public Rights of Way Mapping Officer introduced the report.

In 2005 the committee authorised the making of a Public Path Diversion Order under section 119, Highways Act 1980 for the diversion of Public Footpath BA25/21 (Brook Lodge, Wellow) in the interest of residents living in that area. Due to many factors the order was only made this year and at this stage eleven objections were received, this meant it has been brought back before the committee for authorisation to progress the case.

The Committee received a report with objections received against the Bath and North East Somerset Council (Public Footpath BA25/21, Brook Lodge, Wellow) Public Path Diversion Order 2009 ("the Order") to decide whether to abandon the Order or to send it, along with objections received, to the Secretary of State for determination.

The Committee considered oral statements by Members of the Public:

Kate Matthews (on behalf of tenant David Craddock)

Mr John Ives (Open Spaces Society local correspondent)

Mr Alex Martin (Wellow Parish Council Chairman)

Mrs S Moore (Applicant)

Graeme Stark Public Rights of Way Mapping Officer distributed at the meeting to both councillors and members of the public, six email correspondences with personal details redacted, that have been received within the last few days supporting the Public Path Diversion Order, attached as Appendix 1 to these Minutes.

Members discussed the proposal and support was expressed for the diversion to be pursued. It was felt on balance there were positive aspects to support the diversion, among other things, expediency in the interests of the landowner and the altered point of termination of the diverted path.

On a motion from Councillor Stephen Willcox, seconded by Councillor Nicholas Coombes, and unanimously RESOLVED to overturn the Officers recommendation in the report, that the Committee formally resolves to abandon the Order. And agree to send the Public Path Diversion Order, along with objections received, to the Secretary of State for determination.

Voting: All in Favour, Motion carried.

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

The Chair invited the Public Rights of Way Mapping Officer to give an update.

The Public Rights of Way Mapping Officer went through the update with the Committee Members.

The officer informed the Committee about the future possible cuts in staffing for the department, and to note the possible effect on future workloads and the speed of orders made and processed.

It was RESOLVED to note the report.

25 NOTICE OF ITEMS FOR FUTURE MEETINGS

There were no items to report.

The Chair thanked to everyone who participated in this meeting.

The meeting ended at 10.57am

Chairman

Date Confirmed and Signed