Meeting documents

An apology for absence was received from Councillor Katharine Garcia.

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

With reference to minute 45, a general interest was declared by Councillor Margaret Phipps as, in being a Christchurch Borough Council member, the Minerals and Waste Local Plan had been considered and debated by that Council and that she had played a part in that debate. Given this, she would take no part in the debate or vote on the application, but would speak in her capacity as County Councillor for Commons.

To confirm and sign the minutes of the meeting held on 12 July 2018.

The minutes of the meeting held on 19 July 2018 were confirmed and signed.

Public Speaking

There were no public questions received at the meeting in accordance with Standing Order 21(1).

There were no public statements 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 Senior Definitive Map Officer.

The item due to be considered by Committee regarding an objection to the Rail Crossing Extinguishment Order 2018 on Footpath 18, Wool at Hyford was withdrawn from consideration prior to the meeting as the objection had since been withdrawn.

As the Order was now unopposed, it could be confirmed by Dorset County Council without further consideration by the Regulatory Committee.

To consider a report by the Senior Definitive Map Officer.

The Committee considered a report by the Senior Definitive Map Officer regarding  objections to the Rail Crossing Extinguishment Order 2018 for Footpath 14, Wool at East Burton. Consideration was given to this application at Committee on 7 December 2017 and subsequently an Order made and published to that effect.

The Committee was now being asked to consider how to proceed in respect of the made Order to extinguish Footpath 14 Wool, at East Burton - known as "Darkies" - having been assessed by Network Rail as being a significant risk at the point at which it crossed the Weymouth to Waterloo railway track over the level crossing. This assessment was part of a national undertaking by Network Rail of the safety of level crossings in looking at whether they remained necessary, relevant and purposeful or whether an alternative means of crossing the track could be found which would significantly reduce that risk. How the assessment had been made was explained, with cameras surveys determining the level of use. The risk assessment carried out in October 2015 rated "Darkies" as C6, indicating a high individual risk.

A visual presentation showed the basis on which the Order had been made – this being on safety grounds to minimise the risk of crossing the rail track and so as to avoid any direct conflict with oncoming trains – and what the practicalities of doing this entailed. The Update Sheet, provided to members prior to the meeting, set out comments from the County Council member for South Purbeck and the status of land registered between points A and B on Footpath 14, together with responses by officers. Photographs and plans showed the characteristics of the footpath proposed to be extinguished, its relationship with the rail track, particularly at the point at which the two met, its setting within the landscape and the points between which it ran. Usage of the route was drawn to the attention of the Committee in terms of numbers and frequency and how this had been assessed. This showed a low use of the crossing which could not justify any alternative means of crossing at that point.

What alternative routes there were available to gain access from one side of the railway line to the other – from A-D, via East Burton Road/Bailey’s Drove/Footpath 13/Frome Avenue - and how these could be achieved was explained. It was impractical to make the crossing safe as it was, with all other alternative options for doing this having been considered and seen to be impractical or unviable.

In agreeing that an Order should be made, the Committee had made a judgement that given the current, unsatisfactory visual inadequacies - including sun glare, the configuration of the track and short response times - the frequency and speed of trains and that the means of indicating trains were approaching was limited during the night time - the continued use of the level crossing, as it was, posed a significant risk and it was necessary to  ...  view the full minutes text for item 42.

To consider a report by the Head of Highways.

Following the advertising of proposed changes to parking restrictions in various roads in Blandford, the Committee considered a report by the Head of Highways on the receipt of an objection to the proposals for no waiting at any time restrictions on Dorchester Hill and New Road and for no waiting between 8.00 am and 6.00 pm restrictions on Dorchester Hill.

The Committee was now being asked to consider the objection received and whether the proposals should be implemented as advertised.

With the aid of a visual presentation, officers explained the reasoning behind the need to impose the waiting restrictions and the basis of the objections received. Photographs and plans were shown to the Committee by way of illustration. This showed where the proposals would be situated, the character, configuration and topography of the roads and their setting within the townscape. It also showed the relationship between the roads and residential properties.

The Committee noted that the proposals were designed to provide for unimpeded access around the junction of New Road and into Dorchester Hill which had not always been able to be the case owing to parked vehicles along that length. Larger vehicles had particularly been affected by such parking.

The proposals had been supported by the County Council member for Winterborne;  North Dorset District Council Blandford Town Council, Bryanston Parish Council and Dorset Police.

Following the proposals being advertised, the objection received raised concerns that the proposals would have the effect of increasing the speed of traffic over that length. However officers considered that the proposals were, on balance, the best achievable in meeting competing needs and addressed the issues being experienced.

Members were provided with the opportunity to ask questions of the officer’s presentation and took this opportunity to have their understanding of what the proposals entailed clarified. One member asked if more stringent waiting restrictions could be applied to ensure disabled parking did not compromise the effectiveness of the proposals. Officers responded that they considered the current proposal sufficient to deal with the current issues and that further measures could be considered in the future if the problems persist after the Order came into force.

Having considered the objection received, the Committee considered that the proposed waiting restrictions were necessary to address the issues being experienced and were both reasonable and proportionate in achieving this. Given this, and taking into account the support of the local county councillor and other primary consultees, on being put to the vote, the Committee considered that the proposals should be implemented as advertised.

Recommended

That having considered the objection received, the Cabinet be recommended to approve the proposed waiting restrictions on Dorchester Hill and New Road as originally advertised.

Reason for Recommendation

Dorchester Hill and New Road, Blandford have a tight bend which was frequently obstructed by parked cars. The proposals would improve the movement of larger vehicles that uses the road regularly and improve visibility for pedestrians and all vehicles.

The proposals would contribute to the Corporate Policy outcomes  ...  view the full minutes text for item 43.

To consider a report by the Head of Planning.

The Committee considered a report by the Head of Planning regarding a planning application at Redman’s Quarry, Horton Road, Three Legged Cross for the extraction of sand, the backfilling of the void with inert waste and the restoration of the site to low grade agricultural land.

With the aid of a visual presentation, officers described the proposals and planning issues in detail, what these entailed and what they were designed to achieve. The Committee were being asked to grant permission of this application with the development proposed to take place over a short time frame of 3.5 years, involving the extraction of a relatively modest amount of sand - around 100,000 tonnes – and backfilling with a similar amount of inert waste. Permission was also being sought for the use of a 1.3 km length of existing track to haul the material to and from the public highway. As part of this access track was a bridleway, to avoid some of the conflict a 500m length of permissive bridleway, that would run parallel to the access track, was being proposed. To further mitigate the potential conflict between users of the bridleway and lorries on the haul road it was proposed to restrict the use of the access road to between 8.00 am and 1.00 pm, Monday to Friday.

Plans and photographs were used to show the characteristics of the site, its location and to describe how the quarrying operations would be progressed. The site’s land form and its context within the surrounding landscape were shown, with views from within and around the site. The activities and operations proposed to be undertaken and what processing would take place were described in detail by officers. Arrangements for the way in which the quarrying was to be phased and managed, its progression and the relationship between each phase were also described. How the eastern face of the quarry would be retained in order to provide habitat for an existing colony of sand martins was also explained.

Officers described how the permissive path would be used for the haulage operations, when this would be and what bearing this would have on those wishing to use it. How the backfilling of the void with inert waste was to take place and the future restoration proposals were also described. 

Officers described the type of activities which were to take place on site; their relationship with the sand quarrying operations which had previously taken place; the site’s setting within the landscape; the local highway and rights of way network and access arrangements; and the topography and geology of the area. The relationship between the site, neighbouring properties; the solar farm; the Horton Common SSSI and SNCI and Homers Wood SNCI were all detailed. Access arrangements were explained in detail, with the C2 Horton Road being used to transport material off the site. The Highways Liaison Engineer was satisfied by those arrangements. 

Officers explained the need for aggregate to be won and worked and the quantities in which  ...  view the full minutes text for item 44.

To consider a report by the Head of Planning.

To answer any questions received in writing by the Chief Executive by not later than 10.00am on 13 August 2018.

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

Dorset County Council (Footpath 18, Wool at Hyford) Rail Crossing Extinguishment Order 2018.

Update:

The objection to the Order has been retracted therefore this item has been withdrawn from the Agenda.

Officer comment:

As the Order is now unopposed it can be confirmed by Dorset County Council without further consideration by the Regulatory Committee.

Dorset County Council (Footpath 14, Wool at East Burton) Rail Crossing Extinguishment Order 2018

Update 1:

Councillor Cherry Brooks (Member for South Purbeck) has submitted the following statement regarding Agenda Items 5 and 6;

We are landowners of the Dorset Innovation Park and there are suggestions/plans to enable cycling and access to the site from residents of Moreton, who we expect may choose to live there (and other places) if they move into the area.

I understand that there is an underpass below one of the crossings, but we are unable to locate it.

We need to make sure that by closing the footpaths, we inadvertently cause problems for the future plans to enable people to enter the Innovation Park at the far side.

Officer comment:

The attached plan (18/15) shows the site of Dorset Innovation Park and its proximity to public rights of way, level crossings and underpasses in the area. The entrance to Dorset Innovation Park is located at the southeast of the site. There is a public footpath (Footpath 12, Wool) running from the site entrance to the nearest pedestrian level crossing, Burton Common, which links with the C33 road leading to Moreton. Officers at Purbeck District Council have confirmed that the site is securely fenced and no new access points are proposed. Cyclists can access the underpass (Soldiers Bridge) on a permissive basis via Footpath 12 and an existing permissive footpath that runs between Footpath 12 and Bridleway 24, Wool along the southern side of side of the railway. This facilitates access for cyclists travelling between Moreton and Dorset Innovation Park. This route could be upgraded to public bridleway in future, formalising the access arrangement for cyclists.

The closure of Footpath 18, Wool (withdrawn from the agenda) and Footpath 14, Wool has no negative impact on access between Dorset Innovation Park and Moreton.

Update 2:

Land now registered between points A and B on Footpath 14

Officer comment:

Paragraphs 4.37 – 4.43 of the report refer to an objection to the Order by the owners of Southbrook who are concerned with future access rights to the section of Footpath A – B for maintenance purposes.

Since the report was written, it has been brought to the attention of officers that the strip of land from A to B between the properties Southbrook and Marbrouk was registered to the Weld Estate in January 2018. Dorset County Council made the Order in March 2018 but because previous land registry searches revealed that the land was unregistered, dispensation was obtained from the Secretary of State (allowing the owner notices to be posted on site rather than sent to  ...  view the full minutes text for item 47.