Agenda, decisions and minutes

Elmbridge Local Committee
Monday, 7 December 2015 4.00 pm

Venue: Council Chamber, Elmbridge Civic Centre, High Street, Esher, KT10 9SD

Contact: Cheryl Poole, Community Partnership & Committee Officer  Elmbridge Civic Centre, High Street, Esher, KT10 9SD

Items
No. Item

50/15

APOLOGIES FOR ABSENCE

51/15

MINUTES OF PREVIOUS MEETING pdf icon PDF 220 KB

52/15

DECLARATIONS OF INTEREST

    To receive any declarations of disclosable pecuniary interests from Members in respect of any item to be considered at the meeting.

     

    Notes:

    ·        In line with the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012, declarations may relate to the interest of the member, or the member’s spouse or civil partner, or a person with whom the member is living as husband or wife, or a person with whom the member is living as if they were civil partners and the member is aware they have the interest.

     

    ·        Members need only disclose interests not currently listed on the Register of Disclosable Pecuniary Interests.

     

    ·        Members must notify the Monitoring Officer of any interests disclosed at the meeting so they may be added to the Register.

     

    ·        Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest.

     

    Minutes:

    Borough Councillor John O’Reilly made a declaration in respect of Item 10, saying he had met with Burhill Estates over a lunch, at which their plans had been discussed. He believed the discussions did not preclude him from participating in item 10.

53/15

JOINT WASTE COLLECTION CONTRACT pdf icon PDF 487 KB

    Matthew Smyth (SCC Waste Development Group Manager) and Ray Lee (EBC Strategic Director) will give a presentation on the current project to procure a joint waste collection contract.

     

    Minutes:

    Matt Smyth (SCC Waste Development Group Manager) and Ray Lee (Strategic Director Elmbridge Borough Council) gave a presentation on the Joint Waste Collection Contract.  The presentation is attached as Annex A.

     

    Members’ questions/concerns included the following:

     

    ·         Whether when working out the new more efficient routes for the refuse trucks would air quality management areas and social areas be taken into account.

    ·         The breaking of the speed limit by the trucks

    ·         Why Elmbridge is in 8th place out of the 11 Surrey boroughs for the rate of recycling

    ·         How other businesses involved in recycling e.g. charities will be affected

    ·         How the Members can be assured that the contract will go to the lowest bid

    ·         The public still need reminders about recycling

     

    The officers responded that the areas through which the truck routes were planned would be taken into consideration and that, as with all contractors that the Council uses, the drivers are expected to follow the Highway Code. One of the reasons why the recycling rate has reduced is that the total volume of waste has increased and therefore the percentage is lower.  In addition there has been an issue as regards the recycling of dead leaves in roads which can currently no longer be recycled, but this is under discussion with the Environment Agency.  Officers added that the aim is to award the contract to the ‘best’ contractor so both quality and price are being considered and that they are currently working on new ways to promote recycling.

     

     

     

     

     

54/15

CHAIRMAN'S ANNOUNCEMENTS

    To receive any Chairman’s announcements.

     

     

    Minutes:

    The Chairman announced that 2 Elmbridge organisations had been successful in their bids to the SCC Community Improvements Fund:

     

    ·         Princess Alice Hospice £10,000 towards the Man shed

    ·         St Marys Church East Molesey £20,000 towards changing the layout of the church and resurfacing the car park.

    She also informed the meeting that Hampton Court Way would be closed on 19th February 2016 for a sports event.

     

     

55/15

LOCAL COMMITTEE DECISION TRACKER (For information) pdf icon PDF 81 KB

56/15

PUBLIC QUESTION TIME pdf icon PDF 110 KB

    To answer any questions from residents or businesses within the Elmbridge Borough area in accordance with Standing Order 69.  Notice should be given in writing or by email to the Community Partnership and Committee Officer by 12 noon four working days before the meeting.

     

    Minutes:

    Two public questions had been received.  The questions and responses are attached as Annex B.

     

    Barry Fairbank, Elmbridge Borough Councillor, put his question and Frank Apicella, Highways officer, added to his tabled response that the costs incurred are for the advertising of the TRO to close the road, but that Network Rail could reduce the costs by amalgamating road closures.  The £4k quoted includes the diversion which would be required.

     

    Mark Sugden, Chairman Claygate Parish Council, put his question and Frank Apicella added to his tabled response that it should be known by the end of the financial year when the work on the roads in question would be carried out.

57/15

MEMBER QUESTION TIME

58/15

PETITIONS pdf icon PDF 109 KB

    To receive any petitions in accordance with Standing Order 68.  Notice should be given in writing or by e-mail to the Community Partnership and Committee Officer at least 14 days before the meeting.  Alternatively, the petition can be submitted on-line through Surrey County Council’s e-petitions website as long as the minimum number of signatures (30) has been reached 14 days before the meeting.

     

    Petitions to be received at this meeting:

     

    1.    To resurface Fleet Close, West Molesey (32 signatures)

    2.    To urgently improve road safety on Manor Rd North leading to Claygate Lane for all pedestrians and cyclists (529 signatures)

    3.    To introduce a lorry ban on Egerton Rd, Weybridge (16 signatures)

    4.    To amend Traffic Regulation Order in Mayfield Rd so residents of Waterloo House and similar future developments are not eligible to apply for residents’ parking permits (66 signatures).

    Additional documents:

    Minutes:

    Four petitions were received. They are attached in Annexes C, D and E.

     

    Petition 1

     

    The resident, Kevin Shields, presented the petition requesting the resurfacing of Fleet Close, explaining the road provides vehicular access to houses, flat and garages to the residents of both Fleet Close and Fleetside and pedestrian access to Island Farm Rd where a shop is located and which, along with Central Avenue, has major bus routes.  The road has been in existence approximately 42 years and has worn well over this period until the last 9 months when it has deteriorated due to heavy lorries and machinery using the road on an almost daily basis to access the site on the old Surveyor Public House grounds. He added that as it is a cul-de-sac the vehicles need to turn around in the road which has cut up the road surface, particularly the corner which is used to access Island Farm Road and this is a safety concern for the elderly and very young.  The petitioner asked whether, when planning permission was granted, was there no provision requiring the construction company to make good any damage caused to the road.  He finished by saying that although they are keen for the repairs to take place as soon as possible they do not think it should be down to the taxpayers to fund them.

     

    The Chairman told the petitioner that a response will be provided at the next meeting on 21st March 2016.

     

     

    Petition 2

     

    Wendy Vinzce, a resident, presented the petition requesting Surrey County Council to urgently improve road safety on Manor Road North leading to Claygate Lane for all pedestrians and cyclists.  She explained that the petition has huge support including from local schools, local councillors, residents, Elmbridge Sustainable Transport Team and voluntary groups with 1,076 signatures and 136 letters of support.  The number of school children crossing the road has increased with Hinchley Wood Secondary School number on role increasing from 1100 to 1300 and the primary school changing from 1 form to 3 form entry. Too many near misses are taking place on this section of road. She added the main concern is the secondary school children, who we know are not risk averse. Drivers have also said they do not like travelling along that stretch of road.

     

    She said that the Elmbridge Sustainable Transport Team had visited the location in June and will be revisiting in January 2016 to assess the situation as part of Road safety outside schools, along with the Highways and the Police.

     

     

    Mike Bennison, the Divisional Member, thanked the petitioners for bringing their petition and for the good presentation.

     

    A response will be provided at the next meeting on 21st  March 2016.

     

     

    Petition 3

     

    Paul Welham, a resident, presented the petition requesting a lorry ban in Egerton Road, Weybridge. He explained that this is a purely residential road, which is being used by contractors’ lorries, who are accessing properties on St George’s  ...  view the full minutes text for item 58/15

59/15

PETITION RESPONSE: FAULKNERS ROAD (Executive function) pdf icon PDF 128 KB

    This report provides Members with an officer response to 2 petitions regarding Faulkners Road, Hersham submitted to the Local Committee on 14th September 2015.

     

     

     

    Decision:

    The Local Committee resolved to defer this decision, until a separate meeting of officers and local Councillors has taken place.

     

    Reason: to enable further discussions to take place regarding this matter.

    Minutes:

    Frank Apicella, Principal Highway Maintenance Engineer, introduced the report which was a response to both petitions received at the last meeting concerning Faulkners Road.  He explained that there was an issue with the solution proposed by the petitioners as a Traffic Regulation Order (TRO) would be required to ban the turns and the introduction of a new TRO requires robust reasons and therefore it is recommended that the parking review takes place first and then the situation is considered when the outcomes of this review are seen.

     

    Councillor O’Reilly said it was a narrow road, there had been many near misses and it would be better to be proactive.  He felt the report was weak and that there had been no reference in the report to the requirement of a robust reason.  He explained that all regulations can be breached so that is not a good enough reason and if the number of people using the turns was reduced by 30 to 40 % that would be an improvement.  He added that he thought installing a bollard making it difficult for lorries to use the turn was an excellent idea and it was important to take some positive steps.

     

     

    The Local Committee resolved to defer this decision, until a separate meeting of officers and local Councillors has taken place.

     

    Reason: to enable further discussions to take place regarding this matter.

60/15

ALLEGED PUBLIC RESTRICTED BYWAY ALONG TURNERS LANE AND PART OF BURHILL ROAD, WALTON AND WEYBRIDGE (Other County Council functions) pdf icon PDF 326 KB

    This report considers an application for a Map Modification Order (MMO) to add a public restricted byway to the Surrey County Council Definitive Map and Statement (DMS) along Turners Lane and part of Burhill Road, Walton and Weybridge.

     

    Additional documents:

    Minutes:

    The Chairman, Margaret Hicks, declared that she had been consulted on the issue in this report, had attended a presentation by Burhill Estates and had also had contact with the applicant.

     

    Before introducing the speakers for this item, the Chairman explained how the item would run and added that the Committee had received training on ROW items and that a site visit had taken place.

     

    Rodney Whittaker spoke in favour of the application. He explained he was speaking as an Elmbridge resident and on behalf of the Ramblers Association.  The agreement of the recommendation and the addition of the route to the definitive map would guarantee for the future the access for walkers/cyclists/horse riders, which they have already been able to use freely for many years.

     

    He continued that it is the limitation of the right which is in question, but that he agrees with the officer’s report that no exception to the 2006 Act applies.

     

    He emphasised that this decision only applies to public rights, not private rights, but that he believed a number of the small enterprises along the lane had been misled into thinking the making of this order would affect their private rights such that their businesses could not be accessed by motor vehicles, which is needed.

     

    He said he hoped the committee would assure them that the making of this order would have no impact on their private rights.

     

    He ended by saying it is the duty of the local committee to make the order if the evidence on the balance of probabilities supports it, which Rodney Whittaker believed it does.

     

    The next speaker was Colin Mayes, Chief Executive of Burhill, who was concerned about the recommendations of the report.  He explained that the road had been open to the public and people had been driving on it for many years and since 2006 when the legislation came into force.

     

    The only difference in his view and that of the officer is as to whether the rights were extinguished by NERC 2006 Act.

     

    He added he had sent a summary of his reasons to the Committee Members on 3 December.

     

    He explained that the majority of the owners of properties along the lane don’t have any private rights on paper, so they would have to prove they do, otherwise they would be committing a criminal offence each time they drive down Turners Lane.

     

    It is not enough for one ROW officer in 2015 to say that SCC will turn a blind eye to the public driving down the road.  It is not good creating such uncertainty and could have an adverse affect on the businesses.

     

    He ended by asking the Committee to recognise the public right to drive down Turners Lane.

     

     

    The next speaker was Tony Pidgley speaking on behalf his Uncle, Victor Pidgley, himself and his family, who confirmed he owns a property along the route.  He explained he didn’t want to argue this issue from a legal position, but said that  ...  view the full minutes text for item 60/15

61/15

COBHAM, STOKE D'ABERNON and OXSHOTT PARKING REVIEW (Executive function) pdf icon PDF 157 KB

    This report considers the outcome of a review of parking in Cobham, Stoke D’Abernon and Oxshott and some changes to parking, waiting and loading restrictions.

    Additional documents:

    Decision:

    The Local Committee resolved:

     

    (i)            The county council’s intention to introduce the proposals in Annex 1 is formally advertised, and subject to statutory consultation;

    (ii)           If objections are received the Parking Strategy and Implementation Team Manager is authorised to try and resolve them;

    (iii)          If any objections cannot be resolved, the Parking Strategy and Implementation Team Manager, in consultation with the Chairman/Vice Chairman of this committee and the county councillor for the division, decides whether or not they should be acceded to and therefore whether the order should be made, with or without modifications.

     

    Reason: Changes to the highway network, the built environment and society mean that parking behaviour changes and consequently it is necessary for a Highway Authority to carry out regular reviews of waiting and parking restrictions on the highway network.

    Minutes:

    Adrian Harris, the Parking Project Team Engineer, introduced the report explaining that the review in Cobham, Oxshott and Stoke D’Abernon area was the first since the new strategy had been introduced.  It had considered both on and off street parking and there were some off street parking issues which were still being looked at. 

     

    Mary Lewis, Surrey County Councillor, thanked officers for their systematic approach.  She said she had visited all the sites where changes were being recommended and that the recommendations provided some good solutions and had addressed some safety needs.  There are still some further options particularly for off street parking, which hopefully the borough can take forward.  Borough Councillor Dorothy Mitchell commented that County and Borough had worked well together on the process.  She added that land ownership is one of the barriers to resolving some of the problems.

     

     

    The Local Committee resolved:

     

    (i)            The county council’s intention to introduce the proposals in Annex 1 is formally advertised, and subject to statutory consultation;

    (ii)           If objections are received the Parking Strategy and Implementation Team Manager is authorised to try and resolve them;

    (iii)          If any objections cannot be resolved, the Parking Strategy and Implementation Team Manager, in consultation with the Chairman/Vice Chairman of this committee and the county councillor for the division, decides whether or not they should be acceded to and therefore whether the order should be made, with or without modifications.

     

    Reason: Changes to the highway network, the built environment and society mean that parking behaviour changes and consequently it is necessary for a Highway Authority to carry out regular reviews of waiting and parking restrictions on the highway network.

62/15

HIGHWAYS UPDATE (Executive function) pdf icon PDF 199 KB

    This report summarises progress with the Local Committee’s programme of Highways works for the current Financial Year 2015-16 and proposes the implementation of a new bus stop clearway in Station Avenue, Walton.

     

    Additional documents:

    Decision:

    The Local Committee resolved to:

    (i)            Authorise the implementation of a new bus stop clearway outside numbers 39 and 41 Station avenue, Walton (paragraphs 2.13 to 2.15 refer);

    (ii)           Authorise the Area Team Manager in consultation with the Chairman and Vice Chairman to decide Divisional Programmes for next Financial Year, in the event that individual Divisional Members have not confirmed their priorities by 18th December 2015 (paragraphs 2.23 to 2.25 refer);

    (iii)          Authorise the Area Highway Manager in consultation with the Chairman, vice Chairman, and relevant Divisional Member(s) to undertake all necessary procedures to deliver the agreed programmes.

     

    Reason: to enable the 2016-17 Highway programmes funded by the Local Committee to be decided in good time to facilitate timely delivery of those programmes.

    Minutes:

    Frank Apicella (Principal Highway Maintenance Engineer) introduced the report.  He explained the various tables in the document had been updated with the latest information and the report included details of the Long Ditton Trust Fund in paragraphs 2.9 to 2.12. In addition the proposed bus stop in Station Avenue was detailed in paragraph 2.13 to 2.15.

     

    The Chairman encouraged the SCC councillors to contact the Area Highways Manager with their divisional programmes for the next financial year.  Comments were made about how highly the Members value the local highway allocation.

     

    The Local Committee resolved to:

    (i)            Authorise the implementation of a new bus stop clearway outside numbers 39 and 41 Station Avenue, Walton (paragraphs 2.13 to 2.15 refer);

    (ii)           Authorise the Area Team Manager in consultation with the Chairman and Vice Chairman to decide Divisional Programmes for next Financial Year, in the event that individual Divisional Members have not confirmed their priorities by 18th December 2015 (paragraphs 2.23 to 2.25 refer);

    (iii)          Authorise the Area Highway Manager in consultation with the Chairman, vice Chairman, and relevant Divisional Member(s) to undertake all necessary procedures to deliver the agreed programmes.

     

    Reason: to enable the 2016-17 Highway programmes funded by the Local Committee to be decided in good time to facilitate timely delivery of those programmes.

63/15

MEMBERS' ALLOCATIONS UPDATE (Executive function - for information) pdf icon PDF 151 KB