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Agenda Item No

 

The Vale of Glamorgan Council

 

Public Rights of Way Sub Committee: 16th July, 2012

 

Report of the Director of Development Services

 

Highways Act 1980 s119 application to divert FP 3 Llansannor

 

Purpose of the Report

1.             To inform the Committee of the applicants request to withdraw the application.

Recommendation

That the order making process is stopped and to recommence the order making process from the start.

Reason for the Recommendations

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

Background

2.             An application to divert public right of way No.3 Llansannor was received on 27 September, 2009, the applicant is Blue Circle Industries plc trading as Lafarge Cement UK.

3.             Following pre-order consultations the Order was made on 24 June, 2008. The Order was confirmed on 24 September, 2008.

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

5.             As part of a 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.

6.             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 result in long term maintenance implications for the Authority.

7.             The reason why this particular new route was proposed by the applicant and accepted by the public rights of way section is unclear; the case file contains no records of pre-order site meetings or agreements to specific works.

8.             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 remain on its Definitive line – crossing level accessible pasture

Legal Implications (to Include Human Rights Implications)

9.             None

Crime and Disorder Implications

10.        None

Equal Opportunities Implications (to include Welsh Language issues)

11.        None

Corporate/Service Objectives

12.        Determination of applications is pursuant to aims within the Council’s Rights of Way Improvement Plan.

Consultation

Ward members

Director of Development Services.

Geraint Davies, Legal Services

No comments received.

Background Papers

Order plan and schedule.

Letter requesting withdrawal of application.

Contact Officer

Sandra Thomas, Public Rights of Way Assistant, Countryside and Economic Projects - Tel 01446 704705.

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