Agenda and minutes

The Democratic Services Officer drew attention to the emergency evacuation procedure.

Councillor Peter Edwards sent his apology for this meeting.  Councillor Mathew Blankley was a substitute for Councillor Edwards.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officer before the meeting to expedite dealing with the item during the meeting.

There was none.

The Chair thanked Norton Malreward Parish Council for providing the venue for this meeting.  The Chair also thanked to all members of the public who turned out at the meeting.

There will be few speakers to address the Committee under agenda items 8 and 9.  A full list of speakers will be available at the meeting.

The Chair informed the meeting that 6 people registered to speak at the meeting according to the speakers list (attached as Appendix 1 to these minutes). The speakers will address the Committee on items 8 and 9 on the agenda.  Each of the speakers will have 3 minutes to address the Committee.  The traffic light system will show green light for 3 minutes, amber light 30 seconds and red light out of time.

The Chair informed the meeting that purpose of the minutes of the last meeting is to report what happened at the meeting and give some idea why it happened.  The draft of the minutes had been updated last few weeks but it remained just as draft which is yet to be approved by the Committee at this meeting. 

It was RESOLVED that the minutes of the meeting on 30^th May 2012 be approved as a true record with the following amendment:

·  Page 4 of the minutes, first paragraph, should read: ‘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.

Bath and North East Somerset Council, in its capacity as the surveying authority, (“the Authority”) is required to submit the Bath and North East Somerset Council (CL15/11, Manor Farm, Norton Malreward) (No. 2) Definitive Map Modification Order 2012 (“Order No. 2”) (see Appendix 1) to the Secretary of State for determination and it falls to the Regulatory (Access) Committee (“the Committee”) to consider what position the Authority should adopt during the determination of Order No. 2

The Regulatory (Access) Committee is recommended to resolve that the Authority should oppose confirmation of Order No. 2.

The Chair introduced the item and invited speakers to address the Committee.

Mr Paul Britten addressed the Committee by saying that he lived in Norton Malreward for 55 years and that he and his wife were on the Parish Council for some time, whether as Clerks or Members of the Parish Council and that he was familiar with all the information.  For him this route is bridle path and it is classified as road used as a public path (RUPP) according to map from 1956.

Mr Gareth Jones addressed the Committee by saying that he is the owner of Manor Court.  Mr Jones said that this order is to deal with fact and there is no evidence to demonstrate that any portion of the line from A to C on the map was ever established as Public Right of Way. Mr Jones said that, as the owner, he is more than happy to make it usable as a permissive right of way for walkers, horse riders, etc. 

Mr Charles Thursby-Pelham said that he moved here around 12 years ago and part of the reason was use of the bridle path, which was used regularly by Mr Thursby-Pelham and his family.  Mr Thursby-Pelham didn’t realise that there was an issue of potential access to it until recently and his view is that the bridle path is a right of way, and it can be used, though if there is no access to it how it could it be a right of way.  Mr Thursby-Pelham said that he doesn’t think that the access should be closed until the alternative route is provided.

Ms Ann Fay (British Horse Society) said that the bridleway runs from Norton Malreward village to the B3130 a total length of approximately 1200 metres or three quarters of a mile.  It starts to the north of the Church and runs for a short distance through the grounds of Manor Farm then on a well-defined track over open fields which include a small airfield before crossing the parish boundary and dropping steeply to the road.  It is part of a much used circular route which passes through Pensford and Publow.  If the short section covered by the Order is deleted the whole circular route will be annihilated and 1200 metres of bridleway over open fields will be rendered useless for horse riders.

Ms Fay said that the alternative would be to use a surfaced track to the south of the church which joins up to the field track of the bridleway.  This path has a gate which is usually locked but if it is open it is used in preference to the designated path as it is surfaced and clean while the path through the grounds of Manor Farm is very muddy.  The gate only prevents the use of a short distance of track before it joins the bridleway and does not give access to any additional property or agricultural operations.  If the route were to be allowed, the  ...  view the full minutes text for item 18.

The Regulatory (Access) Committee (“the Committee”) resolved that officers should investigate whether unrecorded public rights exist over a route to the south of Holy Trinity Church in Norton Malreward.  An investigation has been carried out and it now falls to the Committee to determine whether a Definitive Map Modification Order (“DMMO”) should be made to modify the Definitive Map and Statement (“the DM&S”) based upon the evidence discovered.

The Committee is recommended to resolve that a DMMO should not be made to record additional public rights to the south of Holy Trinity Church on the DM&S.

The Chair introduced the item and invited speakers to address the Committee.

Ms Ann Fay addressed the Committee by saying that it would be good to put this alternative route into use. 

Ms Julia Bowman asked if one end of the bridleway is closed then would the Council improve the visibility, and accessibility, of the other end.

Graeme Stark replied that he would be happy to discuss the details with Ms Bowman after the meeting.

The Chair informed the meeting that there were no comments from the Parish Council or from Ward Councillor.

Graeme Stark said that the Committee resolved at the last meeting that officers should investigate whether unrecorded public rights exist over a route to the south of Holy Trinity Church in Norton Malreward.  An investigation had been carried out by officers and the evidence detailed in paragraphs 4.9 to 4.14 of the report does not demonstrate that a public bridleway subsists or can be reasonably alleged to subsist over the section of the Investigation Route between point A and B on the Plan.  Furthermore, on the balance of probabilities the evidence does not demonstrate that any section of the Investigation Route should be recorded on the Definitive Map and Statement (DM&S) as a public bridleway.  Therefore, the Committee is recommended to resolve that a Definitive Map Modification Order (DMMO) should not be made to record additional public rights to the south of Holy Trinity Church on the DM&S.

Councillor Tim Warren commented that he is happy with officers’ recommendation and moved that a DMMO should not be made to record additional public rights to the south of Holy Trinity Church on the DM&S.

Councillor Mathew Blankley seconded the motion.

The Chair said that he read the report, considered the evidence presented and also visited the site and his view is that there is a bridleway somewhere though he was not sure where exactly the actual way is.  The Chair said that he will not support the motion from Councillor Warren and suggested that the Committee should defer their decision on this subject and wait for the report from the Inspector.

Councillor Tim Warren said that he will withdraw his motion at this time though he will not support deferral. 

Councillor Mathew Blankley withdrew as seconder to the original motion.

Councillor Nicholas Coombes moved to defer the decision of the Committee and wait for the report from Inspector.

Councillor Jeremy Sparks seconded the motion.

Voting: 3 in favour with 2 against.

It was RESOLVED to defer the decision on whether or not a DMMO should be/not be made to record additional public rights to the south of Holy Trinity Church on the DM&S.

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 also informed the Committee that the Public Rights of Way Team received a Town and Village Green application for Bath Rec on Monday 17^th December 2012 (which was not included in the report as the document was printed before the application was duly made).

It was RESOLVED to note the report.