Meeting documents
Regulatory (Access) Committee
Tuesday, 5th January, 2010
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Bath & North East Somerset Council |
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MEETING: |
Regulatory (Access) Committee |
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MEETING DATE: |
5th January 2010 |
AGENDA |
10 |
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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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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are received (and sustained) to future Definitive Map Modification (DMMO) and Public Path (PPO) Orders, and are not withdrawn, resulting in a Public Inquiry, the Council is required to bear the associated costs.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 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 |
Interim decision made by PINS; pending readvertisement. |
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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 |
Fresh application received with substantial user evidence. Negotiations are ongoing with landowners. |
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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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Charlcombe (Penn Hill) |
Proposal made by Bath & NE Somerset Council |
Diversion of footpath BA5/31 |
The Order has 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 |
The Order has been confirmed. |
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Chew Stoke Church Farm |
11/12/2006 |
Diversion of footpath CL4/19 in interest of landowner |
The Order has been confirmed. |
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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 |
The Order has been confirmed. |
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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 |
Commenced consultation. |
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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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Norton Radstock (Vale House Writhlington) |
13/11/2000 |
Diversion of footpath CL24/89. Also diversion of Mendip DC path FR6/35 Foxcote |
The Order has been confirmed. |
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Paulton (Polestar Church Street) |
15/12/2004 |
Diversion of footpath CL16/2 under TCPA 1990 |
The Order has been confirmed. |
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Publow, Woollard |
08/03/2007 |
Diversion of footpath CL17/22 |
No action taken |
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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 being determined through written representations |
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Stanton Drew, Heathers |
02/05/07 |
Diversion of footpath CL18/25 |
Consultation completed - no objections received |
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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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Wellow (Brook Lodge) |
24/03/2005 |
Diversion of footpath BA25/21 |
Objections received to Order |
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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 |
Consultation completed - no objection |
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Charnwood House, Compton Dando |
14/11/2008 |
Diversion of public footpaths BA8/18 & 19 |
Consultation started |
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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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Chelcombe Farm, Charlcombe |
Proposals made by Bath & NE Somerset Council |
Diversion of public footpath CL17/31 & 32 and creation of public footpath |
Creation Order has been confirmed and works being completed |
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Tuckingmill House |
06/02/2008 |
Diversion of public footpath BA8/9 |
Consultation started |
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Little Silvers |
12/12/2008 |
Diversion of public footpath BA11/1 |
Consultation started |
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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 |
01/06/2006 |
Diversion of public footpath CL6/30 |
Order confirmed. |
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Woodborough Mill |
27/03/2009 |
Diversion of public footpath BA8/3 |
Application received |
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Howgrove Farm |
31/03/2009 |
Diversion of public footpath CL14/20 |
Application received |
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Smallcombe Farm |
08/07/2009 |
Diversion of public footpath AQ34 |
Application received |
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Henmarsh Farm |
20/10/2009 |
Diversion of public footpath CL15/45 |
Application received |
5 HUMAN RIGHTS IMPLICATION
5.1 There are no Human Rights implications to be considered from this report.
6 RISK MANAGEMENT
6.1 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.
6.2 The making of PPOs is discretionary to the Council but this discretion must be exercised with due regard to natural justice and all applicable legislative tests.
7 EQUALITIES
7.1 Not applicable - this report is merely to update members on the workload of the team.
8 CONSULTATION
8.1 Relevant consultations are carried out as part of the consideration of each individual 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 |
Graeme Stark (Mapping Officer) |
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Background papers |
No background papers accompany this report. |
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Please contact the report author if you need to access this report in an alternative format |
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