Issue - meetings

The report sets out information relating to the Notice of Intention published relating to a proposed Traffic Regulation Order on Surrey County Council (Ash Green Lane West (Right of Way No. 518, D80) and Spoil Lane (Right of Way No. 519, D74) in the Parishes of Ash, Normandy and Tongham) (Prohibition of Through Traffic) Amendment Order 2017.

The Local Committee (Guildford) agreed that:

The Surrey County Council Ash Green Lane West (Right of Way No. 518, D80) and Spoil Lane (Right of Way No. 519, D74) in the Parishes of Ash, Normandy and Tongham) (Prohibition of Through Traffic) Amendment Order 2017 as shown on Drawing No. 3/1/54/H22 be made, following the conditions being met:

(1)  An adequate flooding plan is in place having been agreed by the Countryside Access Team Manager in consultation with the Strategic Network Resilience Team, Area Highways Manager and Divisional Member

(2)  Highways plans are updated to include drainage for this scheme

Reasons: Officers support the application to make an Amendment Order to allow public vehicular access to the new housing development on the basis that the BOAT will be surfaced to withstand traffic. The Order would meet the legal and policy criteria for making such Orders.

The Chairman introduced the item and explained that Rights of Way matters are dealt with slightly differently as they are a quasi-judicial function.  The Chairman gave Members the opportunity to declare any interests in the item.

Members had resolved at their meeting on 6 July 2017 to advertise a Notice of Intention to make a TRO Amendment Order:

(i)            That a Notice of Intention to make a Traffic Regulation Amendment Order (TRO) be published as shown on Drawing No. 3/1/54/H22 (Annex A). Where significant (and relevant) objections are received, or no objections are received, to delegate to the Countryside Access Manager the ability to agree whether an Order may be made, in consultation with the Divisional Member, and the Local Committee Chairman and Vice-Chairman. The TRO would not be made until a detailed highway improvement works plan for Ash Green Lane West has been approved.

(ii)           To delegate to the Countryside Access Manager in consultation with the Chairman, Vice-Chairman and Divisional Member the ability to accede to any unresolved objections and decide whether the TRO may be made.

(iii)          Where substantial (and relevant) objections are received, or significant modifications proposed, the Countryside Access Manager in consultation with the Divisional Member and the Local Committee Chairman and Vice-Chairman, may refer the decision on whether the TRO be made back to the Committee.

The Notice, Draft Order, Statement of Reasons and details for making Objections to Traffic Regulation Orders were published on 14 July. Twenty-eight objections were received within the statutory period. In light of the public interest evidenced by the number of objections the Countryside Access Manager has referred this matter back to Committee. Members were asked to consider the objections and to decide whether the legal and policy criteria for making the TRO Amendment Order still apply. Members may then decide whether the Order should be made. Alternatively, Members may decide to hold a Public Inquiry to decide the matter. There is no legal requirement to hold a Public Inquiry. The recommendation to Members is that the TRO Amendment Order should be made as advertised.

Speakers in favour, objecting and the applicant’s response:

In favour: (no notifications of speakers were received)

Objector:

Ms S Wyeth-Price stated that the TRO is no longer relevant and the Council have no legal obligation to lift the TRO on the BOAT in order to give the land over to the development. The TRO is not a requirement for planning permission.

In addition, the BOAT Modification Order Report is factually incorrect in many places and misleading. The report states that plans have been approved when they have not been and the BOAT Modification Order report has merged several statements into one quote to make it appear to the public, and to the councillors, that this is a condition imposed by the Planning Inspectorate when it is not.

Work has been started on the development, specifically the installation of a new surface to BOAT 518, safety and drainage are significant concerns. The road is not wide  ...  view the full minutes text for item 8