Agenda and minutes

Venue: Council Chamber - Guildhall, Bath. View directions

Contact: Jack Latkovic  01225 394452

Items
No. Item

1.

EMERGENCY EVACUATION PROCEDURE

The Chairman will draw attention to the emergency evacuation procedure as set out under Note 6.

 

Minutes:

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

 

2.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

Apology for absence was received from Councillor Peter Edwards.  Councillor Mathew Blankley was his substitute for this meeting.

3.

DECLARATIONS OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1972

Members who have an interest to declare are asked to state:

(a) The Item No in which they have an interest,

(b) The nature of the interest, and

(c) Whether the interest is personal or personal and prejudicial.

Any Member who is unsure about the above should seek advice from the Monitoring Officer prior to the meeting in order to expedite matters at the meeting itself.

 

Minutes:

There were none.

 

4.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIRMAN

Minutes:

There was none. 

The Chair informed the meeting that the original venue for this meeting was the Chamber in Keynsham Town Hall.  However, due to the sudden closure of Keynsham Town Hall the venue changed to Council Chamber in the Guildhall.  The Chair said that the officers looked for alternative venues in Pensford, Keynsham, Farmborough and Whitchurch and none was available hence why this venue (Guildhall).

 

5.

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

At the time of publication, no items had been submitted

Minutes:

The Committee noted that there was one speaker, Mrs Marlene Masters, who will address the Committee under item 9 on the agenda (Manor Farm DMMO application).  Mrs Maters will have up to 5 minutesfor her statement.

6.

ITEMS FROM COUNCILLORS AND CO-OPTED MEMBERS

To deal with any petitions or questions from Councillors and where appropriate co-opted members.

 

Minutes:

The Committee noted that they received and read correspondence (emails and letters) from Councillor Malcolm Hanney (Chew Valley North Ward Councillor) related to item 8 on the agenda (Principles of operation for the Regulatory Access Committee) and also for item 9 on the agenda (Manor Farm DMMO application).

 

7.

MINUTES OF PREVIOUS MEETING 29/11/2011 pdf icon PDF 36 KB

To confirm the minutes of the above meeting as a correct record.

 

Minutes:

It was RESOLVED that the minutes of the meeting on Tuesday 29th November 2011 be confirmed as a correct record and signed by the Chair subject to the following amendments:

·  Councillor Nicholas Coombes was in attendance and to be added to the list of present Councillors for that meeting.

·  Minute 67 – it was Councillor Nicholas Coombes who seconded a motion from Councillor Tim Warren on Rudmore Park TVG registration application.

 

8.

Principles of Operation for the Regulatory (Access) Committee - Committee Procedures pdf icon PDF 39 KB

This report sets out the need for a revised document that will provide guidance to committee members, officers and members of the public on how the Regulatory (Access) Committee ("the Committee") will consider matters relating to Definitive Map Modification Orders ("DMMOs"), Public Path Orders ("PPOs"), and Commons Registration (including Town and Village Greens ("TVG")).

 

The Regulatory (Access) Committee is asked to agree that the document attached is adopted as the Principles of Operation for the Regulatory (Access) Committee.

Additional documents:

Minutes:

Graeme Stark (Senior Rights of Way Officer) introduced the report to the Committee.

 

Regulatory (Access) Committee Principles of Operation that are currently in place are substantially different to the Authority’s Principles of Operation for other committees. It has been concluded that there is no need for these substantial differences to exist and they could potentially lead to confusion for members of the public. The proposed ‘Principles of Operation for the Regulatory (Access) Committee’ sets out revised Principles of Operation which are substantially in line with those of other committees.

 

The Chair said that the new Principles of Operation makes this Committee more publicly accessible as it reduces the time needed to submit something for the agenda from six weeks down to four and reduces time needed to register to speak from five days to two. 

 

The Committee confirmed that they all received note from Councillor Malcolm Hanney related to this agenda item.  The Chair said that a comment from Councillor Hanney about no specific provision for Ward and Parish/Town Councillors’ statements is a valid one and there should be a provision added in section 7 for them to contribute to the Committee proceedings in that role.

 

Councillor Tim Warren agreed with the comments from the Chair.

 

On a motion from Councillor Nicholas Coombes and seconded by Councillor Tim Warren it was unanimously RESOLVED to adopt new Principles of Operation for the Regulatory (Access) Committee.

 

On a motion from Councillor Jeremy Sparks and seconded by Councillor Douglas Deacon it was unanimously RESOLVED that newly adopted Principles of Operation for the Regulatory (Access) Committee should have a provision for Ward and Parish/Town Councillors’ statements (added in section 7) in order to contribute to the Committee proceedings in that role.

9.

Manor Farm Definitive Map Modification Order Application pdf icon PDF 57 KB

Bath and North East Somerset Council, in its capacity as the surveying authority, (“the Authority”) is required to determine an application for a Definitive Map Modification Order (“DMMO”) to modify the Definitive Map and Statement (“the DM&S”) to delete public bridleway CL15/11, at Manor Farm, Norton Malreward (“the Application”).

 

The Regulatory (Access) Committee is recommended to resolve in relation to the Application that a DMMO is not made to delete public bridleway CL15/11 from the DM&S.

Additional documents:

Minutes:

The Chair invited Mrs Marlene Masters to read her statement to the Committee.

 

Mrs Masters said that she was previously the investigating researcher in this case and that she examined all the original relevant historical documents and some which had not been discovered.  Mrs Masters also said that her interpretation of the historical documentary evidence was accepted by the Inquiry Inspector appointed on behalf of the Secretary of State that no public vehicular rights could be shown to exist on that path and there is no reason to believe that her interpretation of documents is in any way flawed.  The case is a simple one of error.  Mrs Masters listed the evidence details in her statement and requested the Committee to either reject the officer’s recommendation or defer it for a site visit.

 

A full copy of the statement from Mrs Marlene Masters is available on the minute book in Democratic Services.

 

Members of the Committee and officers confirmed that they all received and read the letter and email from Councillor Malcolm Hanney (Chew Valley North Ward Councillor) in respect of the Manor Farm application (available on the minute book in Democratic Services).  In summary, Councillor Hanney also asked the Committee to either reject the officer’s recommendation or that the paper is withdrawn for further work including consultation on a revised Investigation Report.

 

The Chair invited Graeme Stark to introduce the report and give a short presentation.  Graeme Stark stated that an application was made in 1998 to delete bridleway CL15/11 from the Definitive Map and Statement and that there was no indication why the application had not been previously processed.  Graeme Stark described the Application Route and stated that it was recorded on the Definitive Map and Statement in 1956 and was the subject of a reclassification order in 1989.  Graeme

Stark advised Members that the paper on Public Rights of Way submitted by an Interested Party contained at Annex 8 should be disregarded as a statement of law. Graeme Stark then briefly summarised the relevant law and Circular 1/09 which he added was set out at Appendix 7.  The available evidence was then summarised and it was stated that there is insufficient evidence to show on the balance of probabilities that an error was made when the Application Route was recorded as a public right of way on the Definitive Map and Statement.  The officer recommendation was that the committee should resolve not to make an order to delete bridleway CL15/11 from the Definitive Map and Statement. 

 

The Committee debated this matter and raised the following points:

 

Councillor Warren asked if the path is used or not and if there is an alternative route.

 

Graeme Stark replied that there is clear evidence of use but a section of the Application Route has been obstructed and the public use a temporary permissive path, agreed with the Council, to get from the start of the path until end.

 

The Chair asked what the definition of ‘new evidence’ is in this  ...  view the full minutes text for item 9.

10.

UPDATE OF DEFINITIVE MAP ORDER AND PUBLIC PATH ORDER WORK pdf icon PDF 75 KB

This report is provided to update Members on the present position regarding Definitive Map Order and Public Path Order work – excluding work on the Bath Definitive Map Project.

 

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.

Minutes:

Graeme Stark took the Committee through the report by highlighting brief details of all Definitive Map Modification Order applications and Public Path Orders (PPO) applications and current progress on each application.

 

Graeme Stark highlighted a trial that is currently being run with a number of PPO applicants following a new set of procedures whereby an agent acting on behalf of the applicant carries out all the non-statutory parts of the PPO process including the initial consultation and negotiations with objectors. 

 

It was RESOLVED to note the report.