Agenda and minutes

Countryside and Rights of Way Panel
Friday, 11th August, 2017 10.00 am

Venue: County Buildings, Stafford

Contact: Jonathan Lindop  Email: jonathan.lindop@staffordshire.gov.uk

Items
No. Item

1.

Declaration of Interest in accordance with Standing Order 16.2

Minutes:

There were no Declarations of Interest made at this meeting.

2.

Appointment of Vice-Chairman

Minutes:

RESOLVED – That Mr. Paul Snape be appointed Vice-Chairman of the Panel the 2017/18 Municipal Year.

3.

Minutes of meeting held on 7 April 2017 pdf icon PDF 114 KB

Minutes:

RESOLVED - That the minutes of the meeting held on 7 April 2017 be confirmed and signed by the Chairman.

 

4.

Proposed Diversion of Public Footpath No 13 (Part) Castle Church Parish pdf icon PDF 210 KB

Report of Deputy Chief Executive and Director for Families and Communities

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director of Families and Communities regarding the proposed diversion of Public Footpath No. 13 (Part) Castle Church Parish under Section 119 of the Highway Act 1980. The proposed Order was being promoted by the applicant and owner of the land crossed by the path owing to the definitive route being obstructed by a farm shed erected over 15 years ago.

 

The Footpath commenced at the A518 Newport Road and proceeded in a north-westerly direction, through the working yard of Billington Farm before continuing through grazing fields to the Parish Boundary, joining with Public Footpath No. 46 Seighford Parish, south of Berry Ring Farm.

 

The effect of the Order was to divert the path to the north of the farm so as to avoid the obstructing building, improve safety for path users and security for the landowner.

 

Members noted that the proposals had been subject to informal consultation and advertisement on site and that no objections had been received. The Ramblers’ Association and Open Spaces Society had welcomed the proposed diversion and had requested that the minimum width of the new route be 1.8 metres and that appropriate waymarking be undertaken.

 

The cost of making of the Order was to be met entirely by the applicant.

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the Deputy Chief Executive and Director of Families and Communities be authorised to make an Order under Section 119 of the Highways Act 1980 to divert a section of Public Footpath No. 13 Castle Church Parish.

 

(c) That the provisions of the Order such that they are also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion of Public Footpath No. 13 (part) Castle Church Parish.        

 

5.

Proposed Diversion of Public Footpath No 7 (Part) Hatherton Parish and Public Footpath No 8 (Part) Hatherton Parish pdf icon PDF 206 KB

Report of Deputy Chief Executive and Director for Families and Communities

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director of Families and Communities regarding the proposed diversion of Public Footpath No. 7 (Part) and 8 (Part) Hatherton Parish under Section 119 of the Highway Act 1980. The proposed Order was being promoted by the applicants and owner of the land crossed by the paths owing to the proximity of the definitive routes to a poultry processing plant.

 

Public Footpath No. 8 Hatherton Parish commenced in the east at Church Lane, Hatherton and then proceeded in a generally westerly direction down a green lane where it connected with Public Footpath No. 7 Hatherton Parish. Footpath No. 7 then continued to run is a generally southerly direction passing the furnace and incinerator sheds at Church Farm before proceeding over grazing fields and adjacent to the site of a proposed new Farm Manager’s residential dwelling before terminating on the A5 Watling Street near Gailey.

 

The effect of the Order was to divert part of Footpath No 7 and No 8 to the east across a flat grassy field to ensure that links are maintained within the path network.

 

The proposed new line of the Paths provided a safer more scenic route away from the busy processing plant and heavy machinery/vehicles in use. It would also provide greater privacy for any occupant of the proposed new dwelling.

 

Members noted that the proposals had been subject to informal consultation and advertisement on site and that no objections had been received. The Ramblers’ Association and the Open Spaces Society were not opposed to the proposals but had asked that if required, gates should be used instead of stiles.

 

The cost of making the Order was to be met by the applicant who had also agreed to maintain the new route to a good standard and fund the installation of gates, as required.

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the Deputy Chief Executive and Director for Families and Communities be authorised to make an Order under Section 119 of the Highways Act 1980 to divert part of Public Footpaths Nos. 7 and 8 Hatherton Parish.

 

(c) That previsions be included in the Order such that they are also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive May and Statement of Public Rights of Way in consequence of the coming into operation of the diversion of Public Footpath No.7 (Part) and Public Footpath No. 8 (Part) Hatherton Parish.       

 

6.

HS2 Rail Link pdf icon PDF 126 KB

Briefing note by the Director of Economy Infrastructure and Skills

Minutes:

The Panel received a briefing note from the Director of Economy Infrastructure and Skills updating them on recent developments with regard to HS2 - the proposed high speed rail link between London and the north, as follows:-

 

·         The Phase One Hybrid Bill received Royal Assent in February 2017 and was now the High Speed Rail (London - West Midlands) Act 2017.

 

·         The Act gave HS2 Limited powers to:-

 

-       build and maintain the line and its associated works,

-       compulsorily acquire interests in the land required,

-       affect or change rights of way, including the stopping-up or diversion of highways and waterways (permanently or temporarily),

-       modify infrastructure belonging to statutory undertakers (e.g. utility companies),

-       carry out work on listed buildings and demolish buildings in conservation areas,

-       carry out protective works to buildings and third-party infrastructure.

 

·         Whilst the Act granted deemed planning permission for the railway, HS2 Limited were required by the Act to obtain consent for certain detailed planning matters from local Planning and Highways Authorities. However, grounds for refusal are defined in the Act and were extremely limited.

 

·         All consents and approvals coming to the County Council were to be processed by Amey. Schedule 4 consents, which related to Highways (and would include details on impacted Public Rights of Way (PRoW)), must be responded to within 28 days. The majority of these were likely to arrive during the main civils works which were start in 2018.

 

·         It was envisaged that the majority of PRoW alterations would be covered by the powers within the Act, but Amey would be checking that the proposals met the Act specifications. If they encountered any discrepancies, they were to liaise with the Principal PRoW Officer and contractor as appropriate to resolve them.

 

·         Should any PRoW consents be required from the County Council under Schedule 4, Amey were to check proposals against PRoW comments, and if necessary consult with officers to confirm before issuing consent.

 

·         As discussed previously, due to extremely tight turnaround timescales, and the previous engagement between HS2 Limited and the PRoW team, it would not be possible to give the panel sight of each consent application. However a summary of work completed was to be presented to each meeting.


 

 

Phase 2a

 

·         Phase 2a was deposited in Parliament on 17 July 2017. This triggered a consultation which was to run until 30 September 2017. Petitioning would follow towards the end of the year. The County Council were currently preparing a response.

 

·         HS2 Limited had liaised extensively with the County Council’s Countryside and Rights of Way team in order to determine and address the Authority’s main concerns about the route, and these were further communicated in their formal response to the Phase 2a Working Draft Environmental Impact Assesment.

 

RESOLVED – (a) That the briefing note be received.

 

(b) That the County Council’s HS2 Project Manager be requested to attend the next meeting of the Panel to give them an oral update on developments with regard to the  ...  view the full minutes text for item 6.