Meeting documents

Dorset County Council Regulatory Committee
Thursday, 6th December, 2018 10.30 am

  • Meeting of Regulatory Committee, Thursday, 6th December, 2018 10.30 am (Item 71.)

To consider a report by the Service Director – Environment, Infrastructure and Economy.

 

Minutes:

The Committee considered a report by the Service Director - Environment, Infrastructure and Economy on a proposed Definitive Map and Statement Modification Order for parts of Footpath 21 at Talbot Road, Lyme Regis. The reasoning for this was set out in the report.

 

With the aid of a visual presentation the basis for the application was explained and what it entailed. Photographs and plans were shown to the Committee by way of illustration. This showed the current and proposed modified routes, their characteristics and setting within the landscape, their relationship with neighbouring properties and the points between which they ran. The documentary evidence contained in the report was referred to in detail and how this was applied in the officer’s reasoning for coming to the recommendation they had. The weight to be given to the documentary evidence was explained. The Committee’s attention was drawn to what they were being asked to take into consideration in coming to their decision.

 

Information was provided in respect of the one objection made to the application and the grounds on which this was made, together with what officer’s considered response to this was and the reasoning for this. The objection stated that the proposed route was not the correct one and the correct route was blocked so that the County Council was proposing to make the Order as it would be easier than removing the obstruction. Officers had already considered the evidence in detail and the objector had not provided any evidence to support their views which had not already been taken into account. In officer’s opinion the evidence indicated that the Modification Order should be made on the basis that the documentary evidence was sufficient to indicate that a right of way - a public footpath – subsisted, or was reasonably alleged to subsist, over the route I-J-G, A-E-B and C-K-D as shown on drawing 14/10/3 of the report and that there was no public right of way over the route shown F-G, A-B and C-D as a highway of any description, as shown on the same drawing.

 

The County Councillor for Marshwood Vale was content with the recommendation contained in the report.

 

The Committee were then provided with the opportunity to ask questions of the officer’s presentation.

 

In assessing the evidence presented by officers, taking into account the detail of the

application in the report and having an understanding of the presentation made, the

Committee concluded that, on balance, the officer’s recommendation was acceptable and, on that basis, and on being put to the vote, the Committee agreed

 

Resolved

 

1)That an Order be made to modify the Definitive Map and Statement of Rights of Way to:

(i) Delete parts of Footpath 21, Lyme Regis as shown F-G, A-B and C-D.

(ii) Add parts of Footpath 21, Lyme Regis as shown by pecked lines I-J-G, A-E- B and C-K-D as shown on drawing 14/10/3 (Appendix 2); and

2) If the Order is unopposed, or if all of any objections were withdrawn, it be confirmed by the County Council without further reference to this Committee.

 

Reasons for Decisions

a) The available evidence showed, on balance, that:

(i) There was no public right of way over land as shown F – G, A – B and C – D as a highway of any description; and

(ii) A right of way, a public footpath, subsisted or was reasonably alleged to subsist over land as shown by pecked lines I – J – G, A – E – B and C – K – D; and

(b) The evidence showed, on balance, that the route of parts of Footpath 21, Lyme Regis required modification as proposed. Accordingly, in the absence of objections, the County Council could itself confirm the Order without submission to the Planning Inspectorate.

 

Decisions on proposals for Definitive Map Modification Orders ensured that changes to the network of public rights of way complied with the legal requirements and supported the Corporate Plan 2017-19 Outcomes Framework:

People in Dorset are Healthy:

(a) To help and encourage people to adopt healthy lifestyles and lead active lives

(b) We will work hard to ensure our natural assets are well managed, accessible and promoted.

 

Dorset’s economy is Prosperous:

(c) To support productivity we want to plan communities well, reducing the need to travel while ‘keeping Dorset moving’, enabling people and goods to move about the county safely and efficiently

 

 

Supporting documents: