Meeting documents
Regulatory (Access) Committee
Tuesday, 7th April, 2009
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Bath & North East Somerset Council |
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MEETING: |
Regulatory Access Committee |
AGENDA |
12 |
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MEETING DATE: |
Tuesday 7th April 2009 |
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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 - excluding work on the Bath Definitive Map Project.
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 create, divert or extinguish 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are received (and sustained) to future Definitive Map Modification (DMMO) and Public Path (PPO) Orders, and are not withdrawn, resulting in a Public Inquiry, the Council is required to bear the associated costs.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 DMMO Applications
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.
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Parish/Ward |
Date Application Received |
General Information |
Current Position |
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Bath AQ78 Claverton Down |
2000 |
Add footpath to Definitive Map and Statement |
Order made - 2 outstanding objections. Statement of Case prepared and a public inquiry has been arranged for the 25th and 26th August this year. |
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Bath (The Tumps) |
April 2006 |
Add footpath to Definitive Map and Statement |
21 witness statements received - Legal issue to resolve. |
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Bath Lansdown Somerset Place |
02/06/2008 |
Add footpath to Definitive Map & Statement |
23 witness evidence forms received. |
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Batheaston (Solsbury Hill) |
22/09/2004 |
Application to add footpath to Def. Map and Statement |
12 witness statements received. Interview witnesses to test voracity of evidence. (Stiles have been provided historically on part(s) of route). Landowners have been contacted. Further attention required. |
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Bathampton (St. Nicholas Court) |
03/09/2003 |
Addition of public footpath between Holcombe Lane & Holcombe Vale across St Nicholas Court |
Order and objections are to be submitted to the Secretary of State for determination. |
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Bathampton Mill |
13/11/2007 |
Addition of public footpath across car park of Bathampton Mill to river Avon. |
Some historical evidence received - further research required. |
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Clutton, Maynard Terrace |
20/10/2007 |
Addition of public footpath across fields south of Maynard Terrace |
37 witness evidence forms received - however good evidence of no intention to dedicate. Interview witnesses. |
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Compton Dando (Tucking Mill) |
05/09/2006 |
Public Bridleway to be recorded between Tucking Mill, Compton Dando to Court Farm, Marksbury |
Evidence being looked at and a site visit has been made. Research at records office required. |
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Freshford, off Midford Lane |
27/04/2007 |
Addition of public footpath across field by Midford Lane |
34 witness evidence forms received. Landowner denies any dedication - interview witnesses. |
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Keynsham (Cinema Site) |
11/06/2003 |
Addition of public footpath across car park behind ex-cinema site. |
The Order and objections are being assembled to send to the Secretary of State for determination |
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Keynsham Handel Road - Backway |
18/04/2008 |
Add footpath to Definitive Map and Statement |
29 witness evidence forms received. |
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Paulton (Candlegrease Lane/Church Lane) |
06 /12/2004 |
Addition of public footpath between The Pithay and Church Street, along an ancient lane known as Candlegrease Lane. |
14 witness statements received. Some historic evidence available. Witnesses to be interviewed and further research at records office. |
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Peasedown St John (BA19-17) |
16/04/04 |
Upgrade footpath BA19-17 to bridleway |
51 witness statement received. Notice needs to be served on landowners to validate application. |
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Peasedown St John (BA19-19) |
16/04/04 |
Upgrade footpath BA19-19 to bridleway |
49 witness statements received. Notice needs to be served on landowners to validate application. |
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Saltford, Iford Close |
25 March 2004 |
Addition of public footpath leading from Bath Road to Iford Close. |
Order made, no objections received. Order can now be confirmed by the Council. |
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Shoscombe, bridleway upgrades |
16/04/04 |
Upgrade footpaths BA19-33, BA23-23 and BA23-44 to bridleway |
43 witness statements received. Notice needs to be served on landowners to validate application. |
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Wellow, Weavers Farm |
Addition of public footpath |
Order made 5/2/2003 with one objection. This path will now be formally dedicated by the landowner on the condition that two nearby paths are diverted by the Council - see Wellow diversion below. |
4.2 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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Location |
Date Received |
Proposal |
Progress |
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Camerton (Camerton Farm) |
29/11/2005 |
Diversion of footpath BA4/55 & BA4/60 (part) |
Order made 09.01.08. No objections received. Order can be confirmed. |
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Charlcombe (Penn Hill) |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath BA5/31 |
Awaiting dedication agreement of a footpath to be finalised by Legal Team to enable Order to be confirmed (the sole objector set dedication of new footpath as a condition for the withdrawal of his objection) - agreement with landowner for signing. |
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Chew Magna (Smoke Acre) |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath to avoid steps/steep slope. CL3/74 |
Order has now been confirmed. |
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Chew Stoke (Chew Lane) |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath CL4/25 in lieu of a DMMO |
Informal consultations have been carried out with no objections. The Council is now in a position to make an Order once a report has been written and authorisation has been granted. |
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Chew Stoke Church Farm |
11/12/2006 |
Diversion of footpath CL4/19 in interest of landowner |
Order has been made and two objections received. |
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City of Bath (Bath University) |
08/02/2001 |
AQ210 - diversion of footpath due to construction works |
Order made 25th May 2005. No objections. Order will be confirmed once work on new path is complete. Reminders have been sent. |
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Clutton (Willow Farm II) |
Proposal made by Bath & NE Somerset Council |
CL6/4 - diversion of footpath onto walked alignment |
Informal consultations have been held - no objections received. Report to be submitted to Head of Service for authorisation to make the Order. |
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Clutton, Scrap Yard |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath CL6/34 |
No action taken |
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Combe Hay (Fullers Earthworks) |
06/03/2006 |
Diversion of footpath BA7/1 |
Secretary of state is holding a public hearing to determine the Order on 7th July 2009. |
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Compton Dando Allen's Brake |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath BA8/22 |
No action taken |
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Compton Dando Common Wood |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath BA8/76 |
No action taken |
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Farmborough, Barrow Vale Farm |
Proposal made by Bath & NE Somerset Council |
Diversion of footpaths CL9/36 & 40 |
No action taken |
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Hinton Blewett, Abbott's Barn Farm |
31/07/07 |
Diversion of footpath CL12/9 |
Inaccuracy in path alignment on application form - this has been pointed out to applicant. No further action taken. |
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Midsomer Norton Chaucer Road to Footpath CL24/7 Coates Reprographics |
06/01/04 |
Creation Order S26 H.A. to add public footpath |
Agreement in place re no compensation. Order required. |
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Midsomer Norton Greentree Road |
01/03/2008 |
Diversion of footpath CL24/32 |
Order has been confirmed and works certified. |
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Nempnett Thrubwell (Henmarsh Farm) |
26/06/2006 |
Extinguishment of footpath CL14/45 |
The Ramblers' Association have objected - their local representative is to discuss the matter with the applicant at a site meeting before further action is taken. |
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Norton Radstock (Camerton Landfill Site) |
29/11/2005 |
Diversion of footpath CL24/65 |
Order made 09.01.08. No objections received. Order can be confirmed. |
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Norton Radstock (Chilcompton Road) |
01/02/2005 |
Divert unrecorded footpath to allow development to take place |
The Planning Inspectorate confirmed this order, 10.12.07, which will come into effect once works to create the new path have been completed and certified. |
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Norton Radstock (Ludlow's Farm) |
29/11/2006 |
Diversion of footpath CL24/67 |
Order made 09.01.08. No objections received. Order can be confirmed. |
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Norton Radstock (Manor Farm) |
08/02/2006 |
Diversion of footpaths CL24/90 and CL24/91 |
Order has been confirmed and works certified. |
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Norton Radstock (Vale House Writhlington) |
13/11/2000 |
Diversion of footpath CL24/89. Also diversion of Mendip DC path FR6/35 Foxcote |
The Order will be confirmed once work on the new path is complete. The farmer is to install a new kissing gate as a part of these works. |
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Norton Radstock (Welton Grove) |
28/05/2002 |
Diversion of footpaths CL24/28 & 29 |
Consent to be gained by applicant from affected landowner before matter can be progressed |
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Paulton (Polestar Church Street) |
15/12/2004 |
Diversion of footpath CL16/2 under TCPA 1990 |
Order made 23.01.08. No objections received. Confirmation and Certification required. |
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Publow, Woollard |
08/03/2007 |
Diversion of footpath CL17/22 |
Planning Inspectorate has authorized serving notice on unknown landowner by means of notice placed on site. No objection to informal consultations. Authorisation report to be written. |
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Publow, Church Farm |
Proposal made by Bath & NE Somerset Council |
Diversion of footpaths CL17/17 & 18 |
No action taken |
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Southstoke, Bridge Farm |
25/04/2007 |
Diversion of footpath BA22/17 |
Order has been submitted to the Secretary of State for determination. |
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Stanton Drew, Heathers |
02/05/07 |
Diversion of footpath CL18/25 |
No action taken - adjoining paths also need diverting & further investigation is required. |
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Stanton Drew (Stanton Wick Lane) |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath CL18/15 to improve safety at intersection with road. |
Order Confirmed 18th July 2007 |
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Stowey Sutton, Stowey Bottom |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath CL20/25 |
Order confirmed. |
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Timsbury, Wallmead House Farm, Lippiatt Lane |
21/07/2006 |
Diversion of footpath CL21/3 from busy farmyard to adjacent field |
Works complete on new path - matter sent to Legal for confirmation. Confirmed 09/01/08 Modification Order required. |
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Wellow (Brook Lodge) |
24/03/2005 |
Diversion of footpath BA25/21 |
A ?site meeting was held in November 07 with the applicant, affected landowner and tenant. Several issues need to be resolved before proceeding. Further contact required. |
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Wellow, Upper Hayes |
09/01/2007 |
Diversion of public bridleway BA25/16 around edge of field |
No objection at informal consultation stage. Council to pay for epitome of title to allow conditional dedication agreement to be drawn up by Legal dept. |
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Wellow, Weaver's Farm |
09/01/2007 |
Diversion of footpath BA25/14 away from bounds of private residence |
No objection at informal consultation stage. Council to pay for epitome of title to allow conditional dedication agreement to be drawn up by Legal Dept. |
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West Harptree (Bungalow Farm) |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath CL23/1 |
No action |
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West Harptree (Lower Gurney Farm) |
17/03/2005 |
Diversion of footpath CL23/37 away from farm |
Application received 17/03/05, Ramblers and Parish Council contacted. Further meetings held with landowner to discuss proposed new route. New route to be agreed |
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Charnwood House, Compton Dando |
14/11/2008 |
Diversion of public footpaths BA8/18 & 19 |
No action |
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Prior Park College, Bath |
14/01/2009 |
Diversion of public footpath AQ63 |
No action |
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New Manor Farm, Farmborough |
22/01/2009 |
Diversion of public footpaths CL9/22 & 23 |
No action |
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148 High Street, Pensford |
25/01/2009 |
Diversion of public footpath CL17/40 |
No action |
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Belluton Farm, Publow |
08/09/1998 |
Diversion of public footpaths CL17/31 & 32 |
Order made but objections received |
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Chelcombe Farm, Charlcombe |
Proposals made by Bath & NE Somerset Council |
Diversion of public footpath CL17/31 & 32 and creation of public footpath |
Consultation completed |
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Tuckingmill House |
06/02/2008 |
Diversion of public footpath BA8/9 |
No action |
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Little Silvers |
12/12/2008 |
Diversion of public footpath BA11/1 |
No action |
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Dundry Hill Farm |
Proposal made by Bristol City Council |
Diversion of public footpath BA26/15 |
Order made by Bristol City Council |
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Sunnyside |
01/06/06 |
Diversion of public footpath CL6/30 |
Order confirmed. |
5 PATH DEDICATIONS
5.1 Conditional Path Dedication agreements are being signed for a footpath on land at Church Farm, Chew Stoke.
5.2 The dedication of a Restricted Byway across a public footpath over the new trading estate by Peasedown St. John bypass (behind the Mercedes Benz showroom) is being negotiated.
6 HUMAN RIGHTS IMPLICATIONS
6.1 There are no Human Rights implications to be considered from this report.
7 RATIONALE
7.1 This report has been submitted to keep Members informed of the current position with regards Definitive Map Modification Order work.
8 RISK ASSESSMENT
8.1 No option exists for the Council to disregard duly made DMMOs. 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 consider all DMMO applications regardless of whether or not objections are received during consultation.
8.2 The making of PPOs is discretionary to the Council. The Assistant Director for Environmental Services, Matthew Smith, currently has delegated powers to make such Orders.
9 EQUALITIES
9.1 Not applicable - this report is merely to update members on the workload of the team.
10 CONSULTATION
10.1 Relevant consultations are carried out as part of the consideration of each individual case.
11 CONCLUSIONS
11.1 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 persons |
Alan Harbour (Definitive Map Officer) or Graeme Stark (Mapping Officer) |
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Background papers |
No background papers accompany this report. |