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 PLANNING SUB-COMMITTEE (PUBLIC RIGHTS OF WAY)

 

Minutes of a meeting held on 24th November, 2014.

 

Present:  Councillors H.J.W. James, F.T. Johnson and Mrs. M.R. Wilkinson.

 

 

(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)        Apologies for Absence -

 

These were received from Councillors Mrs. V.M. Hartrey and E. Williams.

 

 

(d)       Minutes -

 

RESOLVED - T H A T the minutes of the meeting held on 2nd April, 2014 be approved as a correct record.

 

 

(e)       Declarations of Interest -

 

No declarations were received.

 

 

(f)        Site Inspections (MD) -

 

RESOLVED - T H A T the attendance of the following Councillors at the sites indicated below on 2nd April, 2014 be noted:

 

Apologies for absence were received from Councillors Mrs. V.M. Hartrey and E. Williams.

 

(a)       Footpath No. 5, Bonvilston

Councillor F.T. Johnson (Chairman); Councillors H.C. Hamilton and H.J.W. James.

(b)       Footpaths Nos. 1 and 3, Gileston

Councillor F.T. Johnson (Chairman); Councillors H.C. Hamilton and H.J.W. James.

 

 

(g)       Town and Country Planning Act 1990 Section S257 Proposed Public Path Extinguishment Order Footpath No. 2 Porthkerry (DDS) -

 

The Sub-Committee considered an application made by Taylor Wimpey South Wales to extinguish part of Footpath No. 2 Porthkerry. 

 

Footpath No. 2 commenced on Porthkerry Road, Rhoose and proceeded southwards along a lane to cross the rail line at a small level crossing.  The path continued southwards over land with planning consent for a residential development, exiting onto Trem Echni (adopted highway) the path continued southwards to terminate on The Wales Coast Path at Dams Bay.  The path was a valuable link between the community of Rhoose and the coast.

 

The effect of the Order would be to extinguish part of Footpath No. 2 between points A and B as shown on the Order Plan attached to the report and shown as a bold black line. 

 

Public Footpath No. 2 would remain open and available until completion of the estate road, which would provide the alternative route.  The public footpath would be unaffected by works during development of the estate and therefore would not require temporary closure. 

 

Before making an Order to stop up or divert a footpath or bridle way under the Town and Country Planning Act 1990, S257, the Council must be satisfied that it is necessary to do so in order to enable development to be carried out in accordance with the grant of planning permission.  It should not be assumed that an Order should be made simply because planning permission had been granted. 

 

The necessity test entails examining the activities authorised by the planning permission (both operational development and changes of use) to see whether they were or were not compatible with the retention of highway rights.

 

In addition to establishing necessity, the Council was also able to decide whether or not it would exercise its discretion to make an Order. 

 

Having arrived at a conclusion that it was right for the planning permission to be granted, however, there must be good reasons for deciding that an Order, which would permit implementation of that permission, should not be made or confirmed.  In determining this, it was suggested that the following may be taken into account: 

  • the interest of the general public
  • the particular effect on some members of the public such as occupiers of property adjoining the highway noting this may have more importance than even that of the general public
  • any potential financial loss to members of the public.

These factors should be matters which were not taken into consideration at the time of the grant of the original planning permission and it was not open to question the merits of the original planning application.  Loss of amenity of the general public did not necessarily have to be subsidiary to any benefit to the developer.

 

In the current case, it was noted that planning consent granted in 2012/00937/FUL included provision for enclosure of gardens across the route currently occupied by the public right of way by way of erection of fencing.  It was submitted that this was incompatible with retention of the highway.  Layout of the footways within the development site provided an alternative route.

 

The Members of the Sub-Committee, having deliberated on the application and supporting evidence together with the comments of the objectors at the pre-Order consultation, it was unanimously

 

RESOLVED - T H A T the Council, being the relevant Highway Authority for the affected footpath, proceed with making an Order to extinguish part of Footpath No. 2 Porthkerry as described in the Order Plan and Schedule as attached at Appendix 1 to the report.

 

Reason for decision

 

Part of the footpath is affected by a residential development; consent reference 2012/00937/FUL.  The site layout would provide access through the development upon completion of the works.  It was necessary to make an Order to enable development to be carried out in accordance with the grant of planning permission.

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