Meeting documents

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

The Committee considered a report by the Service Director Environment, Infrastructure and Economy on an application to extinguish part of Footpath 34, Powerstock at Powerstock Primary School as shown from A – B – C – D – E on Drawing 18/29 of the report. Powerstock Primary School is owned by Dorset County Council.

With the aid of a visual presentation, the basis for the application and what it entailed was explained. Photographs and plans were shown to the Committee by way of illustration, showing how the footpath was being proposed to be extinguished – and the reasons for this -; its physical characteristics and those associated with its setting within the landscape; the points between which it ran; and the characteristics of the alternative route being proposed. 

The reason for the application being made was necessitated by an obstruction between points D and E and on safeguarding grounds. The Statutory Inspection of Anglican and Methodist Schools (SIAMS) Inspector and the school governors had raised concerns about the footpath running through the school grounds as it created a safeguarding issue which could be resolved by the extinguishment of the route. 

Officer’s confirmed that the proposed extinguishment would have no effect on accessibility and was expedient in the interests of the landowner and mitigated the safeguarding issues identified, with the alternative route proposed being wholly acceptable. As the route was short and there was a reasonable alternative route, it was considered that the extinguishment was expedient as the footpath was not needed.On that basis, officers were satisfied that the application to extinguish part of Footpath 34, Powerstock met the necessary tests set out under the Highways Act 1980 and therefore should be accepted and an Order made.

The Committee were informed of what consultation had taken place and what measures had been actively pursed as a result of this. One objection had been received on the basis that the footpath was used by people walking between the centre of the village and the school and village hall and was a safer route than School Hill. Officers confirmed that Footpath 34 was currently obstructed between points D and E, with the route being referred by the objector was not on the definitive route of Footpath 34.  Moreover, the alternative routes along Pig Lane and School Hill were considered to be quiet and therefore suitable for walkers. Officers also confirmed that access to Powerstock Hut would be maintained on a permissive basis, explaining that Powerstock School rented the hut between 9am – 4.30pm during term time and events such as funerals, polling days and the like that the Hut wished to be used during term time, were agreed with the school in advance.

The Committee were then provided with the opportunity to ask questions of the

officer’s presentation and officers provided clarification in respect of the points raised

including about the obstructing fence and alternative routes.

The attention of the Committee was drawn to a letter received by the Headteacher of Powerstock Primary School, Louise Greenham, supporting the application, on safeguarding grounds and confirming that permissive access arrangements to the hut would continue. Additionally, one of the two local County Councillors for Bridport, Keith Day, supported the application.

Having had an opportunity to consider the merits of the application; having understood why the application was necessary; having taken into account the officer’s report, what they had heard at the meeting from the case officer, legal advisor, local member and public speakers, the Committee were satisfied in their understanding of what the application entailed and that the necessary statutory tests had been met. On that basis - and on being put to the vote - the Committee agreed that the application should be approved on the basis of the recommendation contained in the officer’s report.

Resolved

1) That the application to extinguish part of Footpath 34, Powerstock from A – B – C – D – E be accepted and an order made; 

2) That the Order include provisions to modify the definitive map and statement to record the changes made as a consequence of the extinguishment; and

3) That if the Order is unopposed, or if any objections are withdrawn, it be confirmed by the County Council without further reference to the Committee.