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Agenda Item No.

 

PLANNING-SUB COMMITTEE (PUBLIC RIGHTS OF WAY)

 

Minutes of a meeting held on 16th July, 2012.

 

Present:  Councillors N.P. Hodges, F.T. Johnson, A. Parker, Mrs. M.R. Wilkinson and E. Williams.

 

Also present:  Councillor P. Clarke.

 

 

A copy of the procedure to be followed in the determination of applications under Section 53 of Wildlife and Countryside Act 1981 had been distributed with the agenda for the meeting.

 

 

(a)       Appointment of Chairman -

 

RESOLVED - T H A T Councillor F.T. Johnson be appointed Chairman of the Sub-Committee for the ensuing municipal year.

 

Councillor Johnson took the Chair.

 

 

(b)       Appointment of Vice-Chairman -

 

RESOLVED - T H A T Councillor Mrs. M.R. Wilkinson be appointed Vice-Chairman of the Sub-Committee for the ensuing municipal year.

 

 

(c)        Minutes -

 

RESOLVED - T H A T the minutes of the meeting held on 29th July, 2011 be approved as a correct record.

 

 

(d)       Declarations of Interest -

 

No declarations were received.

 

 

(e)       Highways Act 1980 s119 Application to Divert FP3 Llansannor (DDS) -

 

An application had been received to divert public right of way No. 3 Llansannor, the applicant being Blue Circle Industries plc trading as Lafarge Cement UK.

 

The Order was confirmed on 24th September, 2008. 

 

Practical works were to be undertaken by Lafarge Cement UK to bring the new path up to an acceptable standard, following the bird nesting season.  Due to staff shortages, the application was not followed through by the Public Rights of Way Section and no practical works were undertaken.

 

As part of the review of dormant cases, Lafarge Cement UK were contacted in November 2011 and a site meeting held in January 2012 to discuss the specifics of the practical works. 

 

At the site meeting, it became apparent that the eastern section of the proposed route was impractical.  The severe gradient would require cutting into the slope and installing a retaining feature to ensure the slope would not collapse across the path.  The works would be expensive for the applicant to undertake and would result in long term maintenance implications for the authority. 

 

The reason why this particular new route was proposed by the applicant and accepted by the Public Rights of Way Section was unclear, as the case file contained no records of pre-order site meetings or agreements to specific works. 

 

In February 2012 the applicant asked for the application process to be abandoned and stated that they would submit a new application proposing that the eastern section of the path remained on its Definitive Line - crossing level acceptable pasture. 

 

RESOLVED - T H A T the order making process be stopped and that the order making process be re-commenced from the start.

 

Reason for decision

 

The applicant has asked for the withdrawal of the application to allow the submission of a new more viable application.

 

 

(f)         Highways Act 1980 s119 Application to Divert FP5 St. Nicholas (DSS) -

 

Committee were informed of a request by the applicant to withdraw the application. 

 

An application to divert public right of way No. 5 St. Nicholas was received on 16th December, 2010, the applicant being Asbri Planning Ltd on behalf of Newydd Housing Association. 

 

The Order was made on 1st August, 2011.

 

An objection to the Order was received on 26th September, 2011 from St. Nicholas and Bonvilston Community Council.

 

The applicant was informed of the situation, and requested that the Council hold back on restarting the order making process.

 

In a letter dated 12th March, 2012 the applicant asked for the application to be withdrawn, following the withdrawal of their planning application for the development. 

 

RESOLVED - T H A T the order making process be stopped and that the case be closed.

 

Reason for decision

 

The applicant has asked for the withdrawal of the application as the planning application associated with the development has been withdrawn.

 

 

(g)       Applications for Modification of Definitive Map and Statement Wildlife and Countryside Act 1981 s53(3)(c)(i) Romilly Park Road to FP72, Barry (DSS) -

 

The Sub-Committee considered a claim that a route running from the 'southern end of Footpath 72, Barry' to 'Romilly Park Road, Barry' should be recorded as a public foot path in the Definitive Map and Statement with a width of 1 metre. 

 

The Sub-Committee considered a report which set out the relevant evidence and legal tests, including the weight that could be given to that evidence, pursuant to informing a determination on whether or not to make a Definitive Map Modification Order.

 

Prior to the commencement of formal business, the Chairman asked all parties to introduce themselves, and reminded all present that the procedure that would be followed at the meeting would be as per the Procedural Note which had been distributed with the agenda for the meeting.

 

The Sub-Committee considered the contents of the Investigation Report which covered the following subject areas:

  • aim of report
  • legal framework
  • land owner notification
  • background
  • user evidence and statement
  • documentary evidence
  • consultations
  • case assessment
  • conclusions
  • recommendation.

The Chairman offered an opportunity to the Members of the Sub-Committee to ask any questions. 

 

The Chairman enquired if the Rights of Way Officer or the Legal Officer wished to refer to any particular points, but no issues were raised. 

 

The Members of the Sub-Committee, having deliberated on the application and supporting evidence together with the contents of the detailed report of the Public Rights of Way Officer, unanimously

 

RESOLVED - T H A T the Vale of Glamorgan Council proceed with making a Definitive Map Modification Order to record the application route A-B-C as a public footpath.

 

Reason for decision

 

The application satisfies the requirements of Section 53 of the Wildlife and Countryside Act 1981 as identified within the report.

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