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Agenda, decisions and minutes

Venue: Quarter Jack Suite, Allendale Community Centre, Hanham Road, Wimborne, BH21 1AS

Contact: Sarah Culwick 01202 795273  Email: democraticservices@christchurchandeastdorset.gov.uk

Items
No. Item

299.

Declarations of Interest

Members are reminded that any disclosable pecuniary interests must be declared including any issues which may arise through pre-determination or bias.

Pro forma for this purpose are available from the Members' Room. (Guidance on declaring an interest is included on subsequent page.)

Minutes:

Councillor S G Flower declared a non-pecuniary interest in relation to Minute No. XX (Diversion of part of public footpath E2/8 and stopping up of part of public footpath E2/9) and left the room for the discussion and voting thereon.

(In view of this the agenda was taken out of order with Item 6 being brought forward prior to items 4 and 5 on the agenda).

 

300.

Minutes of Previous Meeting pdf icon PDF 63 KB

To confirm the Minutes of the meeting held on 5 February 2019.

Minutes:

The Minutes of the meeting held on 5 February 2019 were confirmed and signed as a correct record.

 

301.

Presentations by the Public

The Chairman to invite members of the public to ask questions, submit petitions or make deputations which are relevant to any area of the operation of the Cabinet.

Minutes:

The Leader advised that Councillor Shane Bartlett on behalf of Wimborne Town Council and Mrs Diann March had indicated that they wished to make deputations to Cabinet, in addition the Leader advised that Mr Ian Edwards and Mrs Carole Chedgy had advised that they wished to ask a question.

Deputation from Mrs D March

The footpaths to which this application refers are very direct, and while section 257 of the TCPA 1990 gives Local Authorities the power to authorise the stopping up or diversion of any footpaths, bridleways or restricted byways where they are satisfied that is necessary to enable development to be carried out. This does not really apply to this application when only one set of plans were drawn up with total disregard to the line of ancient footpaths E2/8 and E2/9 which could so easily have been incorporated into the new estate planned along the lines of when Cuthbury Gardens was built in the early 1980s whereby footpath E2/9 was retained.

Footpath E2/8 is not in the flood plain which is why it goes from Old Road to Cowgrove Road, taking into account that one cannot leave E2/8 and join E49/5 when the water meadows are in flood. What is the justification to stop up this section to enlarge gardens to the detriment of retaining an ancient footpath for generations to continue to use and which needs to be retained so that when future floods erode the land another access will be needed to be made which will be impossible if this land is taken into part of gardens.

The diversion of E2/8 is conveniently going passed the café and then along the riverside, with so much development taking place on the allotments what a pity that this part of the riverside was not considered to be left as a wildlife corridor. 

The stopping up of E2/9 and diversion is also unjustified; to divert this through the new estate and to come out on a different part of Cowgrove Road means that anyone using this footpath will have to walk part of Cowgrove Road which would not occur if not diverted.

We were asked to make objections, but I am left wondering why we were asked when it appears they are not listened too or acted upon. I would therefore ask that:

(1)            The original entrance of E2/8 from Old Road is kept, even if it means walking through the main road of the estate;

(2)            That an alleyway is made between the houses so that E2/9 can still join E2/8 in the main road of the estate; and

(3)            That E2/8 is not stopped up where it joins E49/5 so that access can be maintained when the water meadows are in flood.

Deputation from Councillor S Bartlett (Wimborne Town Council)

Wimborne Town Council wish to object for the following reasons:

  • There is no genuine reason to divert the existing footpath, plans could have been drawn up to retain the existing footpath route.
  • The proposed footpath from  ...  view the full minutes text for item 301.

302.

Diversion of part of public footpath E2/8 and stopping up of part of public footpath E2/9 pdf icon PDF 2 MB

    To consider the proposed diversion of part of Public Footpath E2/8 and stopping up of part of Public Footpath E2/9, and to make an order to this effect.

    Decision:

    RESOLVED that:-

    (a)            Orders be made providing for the diversion of part of public footpath E2/8 and the stopping up of part of public footpath E2/9, as shown on the plan at Appendix 2 to the report; and

    (b)            If after making the orders objections are received that cannot be resolved, it shall be submitted to the Secretary of State for a decision.

     

    Voting: 3:2

    Minutes:

    The Portfolio Holder for Planning submitted a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

    Members were requested to consider the proposed diversion of part of Public Footpath E2/8 and stopping up of part of Public Footpath E2/9, and to make an order to this effect.

    Members received an officer presentation on the proposed diversion and were informed of the formal process that would be followed should approval be made by Cabinet to make the order.

    Concern was expressed by Members that the proposal was purely to accommodate more units of accommodation as opposed to being for the benefit of the residents.

    In relation to this Members were advised that should the order be agreed it would then go out to public consultation and if objections were to be received the proposal would go to the Secretary of State in order for them to make a decision with regards to the footpaths.

    RESOLVED that:-

    a)              Orders shall be made providing for the diversion of part of public footpath E2/8 and the stopping up of part of public footpath E2/9, as shown on the plan at Appendix 2 of the report; and

    b)              If after making the orders objections are received that cannot be resolved, it shall be submitted to the Secretary of State for a decision.

    Voting: 3:2

    Councillor S G Flower declared a non-pecuniary interest in this item and left the room for the discussion and voting thereon.

    (Councillor R Cook chaired the meeting for the duration of this item).

     

303.

Final Report - Cabinet Committee (One Year Strategy) pdf icon PDF 89 KB

304.

Shadow Council and Shadow Executive Committee Update

    • 0

    To receive a summary of matters considered at the meetings of the Shadow Council and Shadow Executive Committee.

    Minutes:

    The Leader advised that he would provide a comprehensive update in respect of the Shadow Council and Shadow Executive at the next Full Council Meeting.

     

305.

Update from Portfolio Holders pdf icon PDF 122 KB

306.

Leader's Forward Plan pdf icon PDF 51 KB

    To receive the Leader’s Forward Plan detailing the key decisions which the Cabinet expects to take during the period to 31 March 2019.

    Minutes:

    The Leader provided Members with an update with respect to the Forward Plan, detailing the key decisions which the Cabinet expects to take during the period to 31 March, 2019, a copy of which appears as Appendix ‘D’ to these Minutes in the Minute Book.

     

 

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