Councillors and committees

Agenda, decisions and minutes

Venue: Council Offices, Knowle Green, Staines-upon-Thames. TW18 1XB

Contact: Susan Briant/ Yvette Ortel, Community Partnership & Committee Officer  Room 357, Council Offices, Knowle Green, Staines-upon-Thames TW18 1XB

Note: To hear two Rights of Way Matters 

Items
No. Item

163/13

APOLOGIES FOR ABSENCE

164/13

DECLARATIONS OF INTEREST

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    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:

    Mr Ian Beardsmore declared that he had used the Sunbury footpath 40 years ago.

     

    Mrs Carol Coleman queried whether Borough councillors were allowed to vote as Spelthorne Borough Council owned part of the footpath.  It was agreed that Borough councillors were allowed to vote as they had no personal interest.

165/13

ALLEGED PUBLIC RIGHTS OF WAY BETWEEN THAMES STREET AND THE RIVER THAMES (SUNBURY) pdf icon PDF 240 KB

    To consider the application for a Map Modification Order to add a Byway Open to all Traffic (BOAT) between Thames Street and the River Thames, Sunbury to the Surrey County Council Definitive Map and Statement (DMS).

    Additional documents:

    Decision:

    The Local Committee (Spelthorne) resolved to AGREE that:

     

    (i)                 Public Footpath rights are recognised over A – B – C, B – E  & D – E – F on Drg. No. 3/1/86/H16 and that a MMO under sections 53 and 57 of the Wildlife and Countryside Act 1981 be made to modify the Definitive Map and Statement. The routes will be known as Public Footpaths nos.83, 84 and 85 Sunbury.

     

    (ii)               If objections are maintained to such an order, it will be submitted to the Secretary of State for Environment, Food and Rural Affairs for confirmation.

     

    Minutes:

    The Chairmen stated that no one had registered with the Community Partnership and Committee Officer to speak for or against the proposed order.

     

    The Chairman welcomed Daniel Williams, SCC Countryside Access Officer, who presented the report.  Daniel confirmed that any private rights of access that residents may have will not be affected by this order.  He also confirmed that the Council has no duty to maintain the route added to the definitive map in this way.  This would remain with the landowner.

     

    All Local Committee members present voted and the vote was unanimous.

     

    The Local Committee (Spelthorne) resolved to AGREE that:

     

    (i)                 Public Footpath rights are recognised over A – B – C, B – E  & D – E – F on Drg. No. 3/1/86/H16 and that a MMO under sections 53 and 57 of the Wildlife and Countryside Act 1981 be made to modify the Definitive Map and Statement. The routes will be known as Public Footpaths nos.83, 84 and 85 Sunbury.

     

    (ii)               If objections are maintained to such an order, it will be submitted to the Secretary of State for Environment, Food and Rural Affairs for confirmation.

     

166/13

PUBLIC FOOTPATH NO. 18 (STAINES) EXTINGUISHMENT ORDER pdf icon PDF 141 KB

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    To receive a report from the Countryside Access Team Manager recommending the extinguishment of public footpath number 18 Staines.

    Additional documents:

    Decision:

    The Local Committee (Spelthorne) resolved to DECLINE that:

     

    (i)    An extinguishment order is made under section 118A of the Highways Act 1980 as shown on Drg. No. 3/1/85/H32.

     

    Minutes:

    The Chairman stated that four members of the public had registered with the Community Partnership and Committee Officer to speak against the proposed order and each person would have three minutes to speak.  No one had registered to speak for the order, but that the applicant had registered to speak and would have twelve minutes to speak.

     

    The Chairman reminded the speakers that no new evidence could be presented and that those registered to speak must have already submitted their representations to the Countryside team and those should be reflected in the report.  All the evidence on both sides should be in the report.  No public questions or petitions on the rights of way matters under discussion were allowed.

     

    Speaking against the order: Mr Eric Ireland, Mr Michael Merryman, Mr Earl Gray and Mr Gordon Freeman.

     

    Applicant speaking for the order on behalf of Network Rail: Ms Camilla Bushill.

     

    The Chairman welcomed Steve Mitchell, SCC Countryside Access Team Manager, who presented the report and stated that safety was a key issue in this case.

     

    All Local Committee members present voted and the vote was unanimous.

     

    The Local Committee (Spelthorne) resolved to DECLINE:

     

    (i)    An extinguishment order is made under section 118A of the Highways Act 1980 as shown on Drg. No. 3/1/85/H32.

    The Local Committee agreed that they reached this decision for the following reasons:

     

    ·         Lack of suitability and safety of alternative routes.

    ·         The footpath is a historic route, used regularly over many years.

    ·         The footpath existed before the railway.

    ·         Site of special scientific interest.

    ·         Other maintenance options are available to Network Rail, for example cutting back vegetation.

    ·         Last accident was in 2008.

    ·         The level of safety risk has not been established.

    ·         Level crossings are safe as per the report if all safety features are in place.

    ·         There is an option of trains going more slowly and using greater sounds to alert people.

167/13

DATE OF NEXT MEETING

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    To be held on Monday 29 June 2015 at 7pm in the Council Chamber, Spelthorne Borough Council Offices, Knowle Green, Staines-upon-Thames, TW18 1XB.

    Minutes:

    To be held on Monday 29th June 2015 at 7pm in the Council Chamber, Spelthorne Council Offices, Knowle Green, Staines-upon-Thames TW18 1XB.

     

    (6.30pm – 7pm: Informal Public Question Time)

     

    The meeting which commenced at 6.30pm ended at 8.30pm.