Meeting documents

An apology was received from Councillor Keith Day.

There were no declarations by members of disclosable pecuniary interests under the Code of Conduct.

To confirm and sign the minutes of the meeting held on 14 June 2018.

The minutes of the meeting held on 14 June 2018 were confirmed and signed.

Public Speaking

There were public statements received at the meeting in accordance with Standing Order 21(1).  The statements are attached in Annexure 1 to these minutes. 

There were no public questions received at the meeting in accordance with Standing Order 21(2).

Petitions

There were no petitions received at the meeting in accordance with the County Council’s Petition Scheme.

To consider a report by the Service Director Highways and Emergency Planning.

The Committee considered a report by the Service Director Highways and Emergency Planning on a proposed zebra crossing on Dorchester Road, Upton.

The Project Engineer (Democratic) provided a presentation and detailed introduction to the proposal, including photographs of all aspects of its location.  The crossing had been requested by the Town Council and Local County Councillor because of concerns for the safety of pedestrians and particularly of children going to the Infant and Junior Schools.  The site did meet the County Council's policy for a zebra crossing and was supported by all primary consultees.  During the design stage the Methodist Chapel had raised an objection due to them being unable to park a hearse on zig zag lines for funerals.  The zig zag lines were subsequently changed to double yellow lines to facilitate this.  No further objection had been received from them.  The proposal had been advertised and there had been three objections from residents living in the immediate vicinity relating to them not being able to park outside their houses and light pollution.  Photographs illustrated the off-road parking available for residents, the short walking distance to available on road parking and that light pollution could be addressed retrospectively by the fitting of hoods if necessary.  In summary the crossing would provide a safe crossing point, particularly for children walking to and from school, there was negligible impact on residents' amenity, and the crossing should be implemented as advertised.

A statement from Mr Baker, owner of a property adjacent to the proposed location of the zebra crossing, setting out his concerns was read out.  This is attached in Annexure 1 to these minutes.

A statement from the Local Member for Lychett Minster and Upton, Councillor Bill Pipe, in support of the proposal was read out.  This is attached in Annexure 1 to these minutes.

In response to members' questions it was explained that the zebra crossing was off centre from the passageway in order to reduce the risk of children running out onto the crossing; the parking of a hearse on the double yellow lines met statutory guidance and would be infrequent and mostly not at school start and end times; drivers approaching the crossing would be at low speed and taking due care; because the crossing was uncontrolled drivers needed to be alerted to its position; it was not national practice for crossing lights to be intermittent or only when someone was waiting to cross; the hearse could be unloaded and loaded on double yellow lines but would be expected to move to a safe distance after unloading and before returning later; double yellow lines would not restrict access; a "no loading or unloading" restriction could be considered at a later date if it were to become a problem; the disabled would be able to park on the double yellow lines and there was ample on street parking nearby on Dorchester Road; normally in lower speed areas a zebra crossing was preferred to a controlled crossing; and the fitting  ...  view the full minutes text for item 33.

To consider a report by the Regulation Team Leader.

The Committee considered a report by the Regulation Team Leader on an application for a definitive map and statement modification order to add a restricted bridleway from Catherine's Well to Hilton Road, Milton Abbas.

The Regulation Team Leader provided a presentation and detailed explanation of the application, including photographs of the actual route and signage.  She also summarised the documentary evidence considered and the user evidence in support of the application, which would give the public rights of access on foot, horseback and bicycle but not for mechanically propelled vehicles.

Mr Brockway (a resident of Milton Abbas), Mr Ives (Chairman of Milton Abbas Parish Council) and Mrs Schoopman (The British Horse Society's County Bridleways Officer) all spoke in support of the application.  Their summary statements are attached in Annexure 1 to these minutes.

A statement from the Local Member for Winteborne, Councillor Hilary Cox, was read out in support of the application.  This is attached in Annexure 1 to these minutes.

In response to members' questions, it was explained that use of a restricted bridleway by mobility scooters and the disabled was permitted, finger posts would show the route as a restricted byway, use by motor bikes would be prohibited, and signs would explain the permissions on the route.

Resolved (Unanimously)

That

(a) An order be made to modify the definitive map and statement of rights of way to record the route from Catherine's Well to Hilton Road as shown A1-A3-B-B1-C-D on Drawing 14/21/2 as a restricted byway; and

(b) If the order is unopposed, or if any objections are withdrawn, it be confirmed by the County Council without further reference to the Committee.

To consider a report by the Senior Definitive Map Officer.

The Committee considered a report by the Senior Definitive Map Officer on determination of applications to modify the Definitive Map and Statement of Rights of Way to record Byways Open to All Traffic (BOAT) following a recent Supreme Court ruling.  Members had been sent an update sheet attached as Annexure 2 to these minutes.

It was explained that the Committee needed to revisit a decision to refuse five applications for BOATs taken on 7 October 2010 following a Judicial Review and subsequent Supreme Court ruling.  It was now recommended that the five applications be accepted and investigated and that any further applications currently on hold be investigated too. 

Resolved (Unanimous)

That the following applications all be accepted and investigated:

(a)

(i)   byway open to all traffic at Bailey Drove, Batcombe/Leigh;

(ii)  upgrade Bridleway 8 (part) Cheselbourne and Bridleway 18, Dewlish to byway open to all traffic (Doles Hill Plantation east to Chebbard Gate);

(iii) upgrade Bridleway 12, Tarrant Gunville to byway open to all traffic and add an unclassified road in Chettle as byway open to all traffic (one continuous route);

(iv)  upgrade Bridleway 14, Beaminster to byway open to all traffic (Meerhay to Beaminster Down); and

(v)   upgrade Bridleways 17 and 35 to byway open to all traffic and to add unclassified road as byway open to all traffic (one continuous route - Crabbs Barn Lane).  And

(b)

That for all other pre 20 January 2005 applications for byways open to all traffic where the County Council had already made a decision the County Council's stance in any further local inquiry or other process be as originally intended and unchanged by the Committee's decision on 7 October 2010.

To answer any questions received in writing by the Chief Executive by not later than 10.00am on 9 July 2018.

There were no questions raised by members under Standing Order 20(2).