Agenda and minutes

Resolved: that the item be deferred to the next meeting.

To receive and hear any person who wishes to address the Sub-Committee on matters within its remit.  The Chairperson will select the order of the matters to be heard. Each speaker will be limited to a period of five minutes for public participation up to a maximum of 30 minutes.

Requests to speak must be submitted in writing to the Head of Legal and Democratic Services, or to the officer mentioned at the top of this agenda letter, by noon on the day before the meeting and the request must detail the subject matter of the address.

None.

A Member must declare any disclosable pecuniary interest where it relates to any matter being considered at the meeting.  A declaration of a disclosable pecuniary interest should indicate the interest andthe agenda item to which it relates.  A Member is not permitted to participate in this agenda item by law and should immediately leave the meeting before the start of any debate.

If the Member leaves the meeting in respect of a declaration, he or she should ensure that the Chairperson is aware of this before he or she leaves to enable their exit from the meeting to be recorded in the minutes in accordance with Standing Order 37.

None.

22 November 2022, to approve as a correct record (attached)

Resolved: that the minutes of the meeting be approved as a correct record.

None.

Report of the Director of Development and Environment (attached)

The Principal Access Officer reported on a Definitive Map Modification Order (Mod 105) under Section 53(5) of the Wildlife and Countryside Act 1981 submitted in November 2017, which requested that four unrecorded routes on land to the south of The Uplands in the Parish of Nailsea should be recorded as Public Footpaths.

The application was based on 15 User Evidence Forms claiming that use of these footpaths had been for a period of more than 20 years. A Location Plan showing the claimed footpaths was included within the report. The land over which these claimed footpaths cross was land within the ownership of the Council and was considered to be Public Open Space until appropriated to planning purposes (DP130 and DP233). This report detailed what was proposed with this land, the consultation that had been ongoing with the applicant and the requirements placed on the Developer in relation to establishment of footpaths and their dedication as public rights of way.

Members were informed that a channelled route around the land’s perimeter was to be put in place during the digging process to allow access to the area, and that residents were to be updated with the progress of the scheme and given a final summary as part of a community engagement plan agreed with the Developer. Members also expressed a concern over compliance and accountability for the section 106 should the Developer collapse and the land be sold.  It was noted that, having been informed of the contents of the report, the applicant had agreed to the withdrawal and closure of the file, and it was therefore proposed this be authorised by the Committee.

Resolved: that the Public Rights of Way Sub Committee authorise the withdrawal and file closure of the application for Mod 105 The Uplands Nailsea, submitted by Mr R Turvey, on the grounds that the aims of the DMMO application will be met by the developer’s obligations in the s106 agreement and Public Path Creation Agreement.        

For a matter to be considered as an urgent item, the following question must be addressed: “What harm to the public interest would flow from leaving it until the next meeting?”  If harm can be demonstrated, then it is open to the Chairperson to rule that it be considered as urgent.  Otherwise the matter cannot be considered urgent within the statutory provisions.

None.