Meeting documents
Regulatory (Access) Committee
Thursday, 14th April, 2005
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Bath & North East Somerset Council |
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MEETING: |
REGULATORY (ACCESS) COMMITTEE |
AGENDA |
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MEETING DATE: |
14th APRIL 2005 |
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TITLE: |
UPDATE OF DEFINITIVE MAP ORDER AND PUBLIC PATH ORDER WORK |
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WARD: |
ALL |
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AN OPEN PUBLIC ITEM |
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1 THE ISSUE
1.1 This report is provided to update Members in the present position regarding Definitive Map Order and Public Path Order work
2 RECOMMENDATION
2.1 The committee is asked to note the current workload and content regarding claims/applications to modify the Definitive Map & Statement, and to divert public paths.
3 FINANCIAL IMPLICATIONS
3.1 There are no financial implications at this stage, but Members should be aware that if objections are received (and sustained) to future Definitive Map Modification (DMMO) and Public Path (PPO) Orders, and are not withdrawn, resulting in a Public Inquiry, the Council is required to bear the associated costs.
4 THE REPORT
4.1 The following provides brief details of all Definitive Map Modification Order applications received by this Council (for which a statutory duty exists to determine the application) and current progress on each application.
4.2 DMMO applications
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Parish/Ward |
Date Application Received |
General Information |
Current Position |
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Bath (Combe Down) BQ5 |
13 August 2004 |
Application to add public footpath on path known as BQ5, running between Horsecombe Brow and Shepherds Walk. |
B7 Dedication Agreement effected on 2nd March 2005. B7 Recommendation to committee on 14 April 2005 to turn down the Schedule 14 application. |
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Batheaston (Solsbury Hill) |
22 Sept. 2004 |
Application to add footpath to Def. Map & Statement |
B7 Application received, site inspected. B7 Landowners have been contacted. |
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Bathampton (St. Nicholas Court) |
03 Sept 2003 |
Addition of public footpath between Holcombe Lane & Holcombe Vale across St Nicholas Court. |
B7 Order made 15/12/04 and notices sent/displayed B7 Period for objections ended 07/02/05 B7 Petition of 25 names received January 2005.To be considered as statutory objection. B7 Meeting held with objectors - withdrawals not likely. B7 Probable future Public Inquiry. |
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Chew Stoke |
20 January 2004 |
Addition of public footpath along Chew Lane. |
B7 Informal consultations undertaken 08.04.04. B7 Application submitted with mainly user evidence but some historic mapping evidence. B7 Assessment of user evidence required. B7 Witnesses to be interviewed |
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Clutton (Featherbed Lane) |
22 Sept 2003 |
Addition of public footpath leading between Featherbed Lane and Folly Farm. |
B7 Informal consultations undertaken 18.02.04. B7 Landowner - Bristol Water - not in agreement with proposals. Meeting to be arranged to discuss matters. B7 Assessment of user evidence & witness interviews required. |
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Clutton (Venus Lane) |
01 March 2002 |
Addition of public footpath running between Venus Lane and Church Lane |
B7 Order made (15/12/04) and confirmed (16/03/05) as an unopposed Order B7 All notices sent/displayed. B7 Period for application to High Court (if discrepancy in Order is discovered) ends 04/05/05. |
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Englishcombe (Haycombe Lane) |
January 1993 |
Addition of 2 bridleways along Haycombe Lane leading to Wilmington Lane. |
B7 Two Orders made 28.02.01. B7 Objections received and sustained. B7 Submission sent to the Planning Inspectorate for determination of the Orders. B7 Public Inquiry almost certain. |
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Keynsham (Cinema Site) |
11 June 2003 |
Addition of public footpath leading across Charlton Road car park to ex-cinema site. |
B7 DMMO to be made April 05. B7 Planning Application to be submitted which incorporates line of path. |
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Paulton (Candlegrease Lane/Church Lane) |
06 December 2004 |
Addition of public footpath between The Pithay and Church Street, along an ancient lane known as Candlegrease Lane. |
B7 Application submitted with 8 witness statements. 6 more witness forms have been received. Some historic evidence available. B7 Witnesses to be interviewed, and all evidence analysed. |
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Saltford |
25 March 2004 |
Addition of public footpath leading from Bath Road to Iford Close. |
B7 Application made by Parish Council accompanied by 14 witness statements. B7 Informal consultations undertaken January 2005. B7 Somer Housing (landowner of part of route) recognise 3 routes exist, prefer 3rd route, which was not claimed in Sch14 application. B7 Diversion order will need to be effected to place claimed rights on to route most used by public. |
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Shoscombe (Bourne Farm) |
14 March 2004 |
Application to upgrade Footpaths BA19-33 (part), BA23-23, and BA25-44 to Bridleway (Bourne Farm) |
B7 Upon examination it was discovered that the application was not duly made, therefore the council has no duty within schedule 14 to determine the application. B7 The applicant has been invited to resubmit the application. B7 Witness statements are being compiled prior to submission of revised application. |
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Shoscombe |
14 March 2004 |
Application to upgrade Footpath BA19-17 to Bridleway (Shoscombe Farm) |
B7 Upon examination it was discovered that the application was not duly made, therefore the council has no duty within schedule 14 to determine the application. B7 The applicant has been invited to resubmit the application. B7 This application is currently on hold, but may be submitted in the future. |
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Shoscombe (Shoscombe Farm) |
14 March 2004 |
Application to upgrade Footpath BA19-19 to Bridleway (Shoscombe Farm) |
B7 Upon examination it was discovered that the application was not duly made, therefore the council has no duty within schedule 14 to determine the application. B7 However, a meeting to discuss the possible dedication of the way as Bridleway was held in September 2004 between the landowner, Wansdyke Byways & Bridleways Association, and PROW officers. B7 The landowner appears agreeable to dedication. |
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Stowey Sutton (The Batch) |
08 January 1996 |
Addition of public footpath across The Batch. |
B7 Order made (13/10/04) and confirmed (15/12/04) as unopposed Order B7 Period for application to High Court (if discrepancy in Order is discovered) ended 07/02/05. B7 No correspondence received. B7 Process complete. |
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Wellow |
BA25/53 |
Addition of public footpath |
B7 Order previously made - objection made and sustained. B7 Awaiting referral to Planning Inspectorate. Case being progressed by PROW consultant. |
4.3
PPO applications
The following provides brief details of all Public Path Order applications received by this Council and the current progress on each application.
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Parish/Ward |
Date Application Received |
Final Outcome |
Current Position |
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Batheaston (Summerleaze) |
01/11/04 |
BA2/40 |
B7 Informal Consultations have been carried out - no objections were received B7 Officer Report to be submitted to Head of Service for authorisation to make the Order. |
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Camerton (Jolly Collier) |
08.02.04 |
BA4/4 - diversion of path from rear garden to existing path on ground. |
B7 Objection received from Parish Council at informal consultation stage. B7 Applicant has sold property and withdrawn application but neighbour is interested in resurrecting the application. B7 Matter to go to next Regulatory Access Committee. |
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Charlcombe (Crossleaze Farm) |
07.05.02 (agreement received from main landowner) |
Diversion of footpath BA5/5 onto the route currently favoured by the public |
B7 Objection at Informal consultation stage now withdrawn. B7 Officer Report to be submitted to Head of Service for authorisation to make the Order. |
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Charlcombe - Cotswold Way National Trail. |
Diversion sought to formulize Cotswold Way National Trail |
Diversion of footpath BA5/31 |
B7 Informal consultations made Jan/Feb. 2005. No Objection. B7 Officer Report to be submitted to Head of Service for authorisation to make the Order. |
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City of Bath (Bath University) Re-Order |
19/01/05 |
AQ210 - diversion of path due to construction works |
B7 Informal consultations held 11/02/05 to 11/03/05. No objections received. B7 Officer Report to be submitted to Head of Service for authorisation to make the Order. |
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Clutton (Willow Farm II) |
07.01.04 (agreement received from landowners |
CL6/4 - diversion of path only walked alignment |
B7 Informal consultations have been held - no objections received. B7 Officer Report to be submitted to Head of Service for authorisation to make the Order. |
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Clutton (Vilna, 68 Lower Bristol Road) |
21/07/04 |
CL6/16 - diversion of path onto walked alignment |
B7 Order made 16/02/05 and advertised 23/02/05 B7 No objections to date and will be confirmed if none received by end of March 2005. |
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Clutton (Willow Farm) |
07.01.04 (agreement received from landowners) |
CL6/5 - diversion of path onto walked alignment |
B7 Order was made 11th August 2004 - no objections were received and authorisation from the Head of Service will now be requested for the Council to confirm the Order as an unopposed Order once issue with a landowner is resolved. |
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Norton Radstock |
28/05/02 |
Diversion of footpaths CL24/28 & 29 |
B7 Consent to be gained by applicant from affected landowner before matter can be progressed |
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Norton Radstock (Vale House, Writhlington) |
13.11.00 |
Diversion of footpath CL24/89. |
B7 Committee to decide on whether to proceed with making of Order on 14/04/05. |
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Paulton (Polestar, Church Street) |
17/12/04 |
Diversion of footpath CL16/2 under TCPA 1990 |
B7 Informal Consultations in progress until 30/03/05 |
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Peasedown St. John & Camerton (Carlingcott Mill) |
30/09/02 |
Diversion of BA19/1 & BA4/40 in interest of landowner |
B7 To be submitted, together with objections, to Secretary of State for determination, as decided at last Regulatory Access Committee meeting on 8th July 2004. |
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West Harptree, Lower Gurney Farm |
17/03/05 |
CL23/37 |
B7 Application received 17/03/05, Ramblers and Parish Council contacted. B7 Further informal consultations to be held. |
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Wellow (Manor Farm) |
25.07.01 (agreement received from landowners) |
Diversion of footpath BA25/10 & 11 around longstanding obstructions |
B7 Informal Consultations undertaken, objections received but were resolved. Dormant since July 2001 - restart process with Informal Consultation/Update letters. |
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East Harptree, Pitt Farm |
11/01/05 |
CL8/42 |
B7 Informal consultations in progress until 23/03/05 |
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Norton Radstock, Chilcompton Road |
01/02/05 |
Unrecorded footpath |
B7 Informal consultations in progress until 12/04/05 |
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Chew Stoke, Shoreditch |
01/02/05 (from Council) |
CL4/32 |
B7 Informal consultations in progress until 14/04/05 |
5 HUMAN RIGHTS IMPLICATIONS
There are no Human Rights implications to be considered from this report.
6
RATIONALE
This report has been submitted to keep Members informed of the current position with regards Definitive Map Modification Order work.
7 OTHER OPTIONS CONSIDERED
7.1 No option exists for the Council to disregard duly made DDMOs. Local Authorities are under a statutory duty to consider and determine all applications made within the provisions of section 53 of the Wildlife & Countryside Act 1981. Committee is required to make a decision whether or not to make any DMMO.
7.2 The making of PPOs is discretionary to the Council. The Head of Service currently has delegated powers to make such Orders.
8 CONSULTATION
8.1 Please see sections 4.1 and 4.3 regarding consultations on each case.
9. CONCLUSIONS
9.1 It is hoped that this report will provide Members with an overview of the current position regarding Public Rights of Way Order work, and will provide an awareness of possible forthcoming decisions to be taken by the Committee.
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Contact person |
Stuart Higgins (PROW Technician) & Barbara Talbott (Definitive Map Officer) PROW. |
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Background papers |
No background papers accompany this report. |