Minutes:
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The objection to the Order has been retracted therefore this item has been withdrawn from the Agenda.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The closure of Footpath 18, Wool (withdrawn from the agenda) and Footpath 14, Wool has no negative impact on access between Dorset Innovation Park and Moreton.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 the owner directly).
The Weld Estate have indicated informally that they have no objection to the closure of the footpath. However they will be given 28 days to formally make any representations to the Order. Dorset County Council will not submit the Order to the Planning Inspectorate until after the 28 days has elapsed.
The Weld Estate has riparian responsibility for up keep of the ditch and so is under a duty to maintain it. The Estate has confirmed that it will maintaining the ditch.
Any right of access along the section of Footpath A – B for the adjacent landowners to maintain their property is a private matter. The Weld Estates have indicated that they are happy to discuss this issue with the adjacent landowners.
With regards to paragraphs 4.20 - 4.21 of the Report to the Regulatory Committee December 2017 (Appendix 2) the potential maintenance of the ditch by Wool Parish Council is discussed. This is no longer relevant as the land is now registered.
Planning application 3/17/0967/DCC for the extraction of sand, the backfilling of the void with inert waste and the restoration of the site to low grade agricultural land at Redman’s Quarry, Horton Road, Three Legged Cross
Further response in relation to the Objection received by EDDC. The Objection received by EDDC appears to be related to a larger proposal, in the same land holding, which was nominated for inclusion in the emerging Mineral Sites Plan (and previously consulted on as part of the emerging plan) but is not proposed for allocation in the plan. It will be considered as an "omission site" at the forthcoming Mineral sites examination hearings. The application before you is a relatively small proposal adjacent to the solar farm and is over 1km away from the location of "Monmouth’s Ash" to which EDDC’s objection relates. This is a tree under which the Duke of Monmouth was found after his failed invasion against King James II – the tree no longer survives. Neither Historic England nor DCC’s Senior Archaeologist have concerns about this proposal.
Update 2:
A response has been received from Councillor Spencer Flower in his capacity as a local member:
‘As one of the two Local Members I am supportive of the recommendation to grant permission for Planning Application 3/17/0967/DCC Redman’s Quarry, Horton Road.’
Officer comment:
The further responses are noted.
Application 8/16/2011 for the extension of sand and gravel extraction at Hurn Quarry, followed by filing with imported materials and restoration, at Hurn Quarry, Parley Lane, Hurn, Dorset, BH23 6AX
Update:
Correction: Amend Condition 3 on page 257 of
the report to read: ‘….extraction is limited to 7m
below above AOD’.
Officer comment:
Factual correction.