MINUTES

OF THE MEETING OF THE

North Somerset Local Access Forum

Thursday 24th July 2003

HELD AT THE PAVILLION, SILVER STREET, WRINGTON.

 

Meeting Commenced:  10.30 a.m.      Meeting Concluded:      3.35 p.m.

 

PRESENT: 

 

INDEPENDENT MEMBERS:

 

Leonie Allday, Michael Amos, Barbara Bennett, Roy Clements, Sheila Dixon, James Dyer, Bernard Gray, Richard Greenland, John Harris, David Mazur, Timothy Raines, Tim Shapley, Claire Stuckey, Chris Weedon and Paul Wynne.

 

Robert Stephens arrived at 12.30.

 

ELECTED COUNCILLORS:

John Clark, Bob Cook and Anne Harley.

 

NORTH SOMERSET OFFICERS:

Richard Broadhead (Access Policy Officer), Xanne Blythe (Democratic Services Officer) and Fiona Robertson (Democratic Services Manager)

Rachel Lewis (Natural Environment Co-ordinator) from 2.00 p.m.

 

By Invitation: Julia Stuckey NSC Blue Skies Initiative (see minute. below)

 

APOLOGIES FOR ABSENCE: Phil Barclay (Reserved Member), Jane Brock and Tony Moulin.

 

LAF

1         

Introduction to Meeting

 

Fiona Robertson (NSC Democratic Services Manager) opened the meeting and would be assisting with the conduct of business on the agenda.

         

LAF

2         

Summary of Independent Members’ Introductions

 

Barbara Bennett

A local horse rider interested in bridleways and their maintenance. She has been involved with the North Somerset Rights of Way Team in developing bridleways. Barbara is eager to promote the area of North Somerset as a short break destination for horse-riding linking up with the Blue Skies Initiative.

 

Leonie Allday

By profession Leonie was a senior lecturer in Human Geography, most recently at the University of the West of England, specialising in demography and the rural economy.  She has also worked for the Highlands and Island Development Board and for the West Central Scotland Planning Team. After early retirement Leonie is currently the Parish Clerk for Kingston Seymour and is Chairman of the NS CPRE (the Council for the Protection of Rural England).  Public Rights of way are a vital link between communities and should be well maintained and well-publicised. The Forums role may be to explore the possible areas of conflict between recreational land users and landowners for reconciliation.  She has a particular interest in access to the countryside for those with disabilities.

 

Claire Stuckey

Claire grew up on a farm in a rural community and is aware of local issues. She takes part in open air recreational activities. As a Rural Practice Surveyor and a member of Country Land and Business Association (CLA), she is familiar with Rights of Way/ Access problems. She hopes that the LAF will address the fine balance between users and landowners.

 

Bernard Gray

Farms land at Nailsea and Clevedon close to residential areas. Chairman of North Somerset Internal Drainage Board, the Board is responsible for all land drainage functions to moorland in North Somerset. Also Vice-Chairman of the Somerset Branch Association of Drainage Authorities.  He agrees that improved links, named routes and publicising is necessary.

LAF

3         

Declarations of Interest

 

None.

LAF

4         

Election of Chairman

 

Fiona Robertson explained that neither Chairman or Vice Chairman can be Councillors of North Somerset Council.  These two posts would be elected by the Forum representing different groups of interest.

 

4.1     Nominations for Chairman

 

Mr M Amos was nominated from the floor

 

AGREED:  Mr M Amos was elected as Chairman and took the Chair.

LAF

5         

Election of Vice-Chairman

 

Nominations were asked from other interest groups.

 

5.1        Nominations for Vice-Chairman

 

Mr J Harris was nominated from the floor

 

AGREED:  Mr J Harris was elected as Vice-Chairman.

 

It was agreed that the term of office for these posts should be determined at Agenda Item 7.

LAF

6         

Minutes

 

The minutes for the North Somerset Local Access Forum informal meeting dated 24th June 2003, would be recorded as a report.

 

6.1     The report of the Local Access Forum meeting was confirmed as a correct record subject to the following changes under section LAF 2.

 

(a)     Tim Shapley

Replace the words “of the” with the word “and”

Chairman and Access Co-ordinator of the Harrow Association for Disability.

 

(b)     Chris Weedon not Paul Weedon

“Urban Bike Trail “to be replaced with “Mountain Bike Trail.”

 

(c)     Jim Dyer

The word “former” to be inserted, now reads :

A former member of the North Weston Parish Council, Chairman of the Gordano Footpath Group, the Gordano Society  and the Portishead Residents Association.

 

(d)     Sheila Dixon

The word “beef cattle” to be replaced with “arable farming”, now reads:

involvement in both dairy and arable farming.

 

(e)     Ann Harley

Delete the letter “e” from the end of Anne.

 

6.2         Matters of Interest

 

Members were asked to review whether the glossary of terms in the booklet already distributed would be sufficient for the Forum.

 

NS PROW Officer Richard Broadhead agreed to write to Jan Young on behalf of the Forum members thanking her for chairing the previous meeting.

LAF

7         

Conduct of Business – Fiona Robertston, Democratic Services Manager

 

Rules for the conduct of Forum meetings was attached to the agenda.

 

7.1     Meetings

 

AGREED: The Forum will meet quarterly for the first year, to review for next year.

 

 7.2    Composition 

 

Should read “The Members of the LAF shall total 21, three of whom shall be North Somerset Councillors.

 

AGREED: The above statement was approved with the proviso that Councillors cannot have substitutions.

 

 7.3    Terms of Reference

 

AGREED: This should be a separate future agenda item.

 

7.4     Chairman and Vice-Chairman

 

AGREED:  With the caveat, the Chairman and Vice-Chairman cannot be elected to serve their respective capacity beyond their period of appointment.

 

7.5     Election of Chairman and Vice -Chairman.

 

AGREED: Approved that the Annual Meeting be held in July.

 

 7.6    Quorum

 

AGREED: The quorum shall be eleven members with one representative from the three Interest Groups (Rights of Way and Access Land User, Landowners and Other Interests) to be present.

 

If the meeting is not quorate no recommendation can be taken forward from the meeting, although minutes can be ratified at the next quorate meeting.

 

7.7     Declaration of Interests

 

An extract from the Local Access Forums (England) Regulations Statutory Instrument relating to declarations was read out to members.

 

A member of a local access forum who is directly or indirectly interested in any matter brought up for consideration at a meeting of the forum shall disclose the nature of his interest to the meeting.

 

This guidance does not require members to withdraw from the meeting.

 

Sections within the rules of conduct with a statutory requirement to be typed in bold.

Members asked for a letter to be sent to DEFRA Department for Environment, Food and Rural Affairs with a request for clearer guidance.

 

AGREED: To remove the phrase “(through a friend or relative)”.

 

7.8         Voting

 

AGREED: To replace the word “shall” with “will normally be”, to read

Voting at meetings of the LAF will normally be by a show of hands of the members.

Insert a casting/additional vote for the Chairman.

 

7.9     Members of the Public

 

AGREED: Members of the Public would need to give notice to speak by noon on the last working day before the meeting.  Public participation time slot is fifteen minutes, with a limit of normally three minutes per speaker, at the Chairman`s discretion.

 

Members agreed to an open dialogue with public speakers.

 

To be placed on the agenda by request prior to the item of interest.  Agendas would be despatched 10 days ahead of the date, with agenda formulation meetings set  two weeks prior to agenda despatch.

 

It was permitted to allow the introduction of members of the public speaking on the same interests. Agenda items could be brought forward, at the discretion of the Chairman.  Members of the public and press cannot be excluded.

 

Mr R Broadhead agreed to organise a press release on the Forum.

 

7.10   Behaviour of Members of the LAF and Members of the Public

 

If members of the public wished to contact Forum Members, this should be fed through North Somerset Officers.  Once the LAF web site was initiated names without contacts would be included unless consent had been approved.

 

AGREED: LAF members agreed to enlist guidance and advice whilst dealing with members of the public and press, by inviting the NSC Press Officer to the next  meeting.

LAF

8         

Calendar of Meetings to be confirmed

 

A calendar of proposed meeting dates was attached with the agenda.

 

AGREED: To meet quarterly, from 9.00 a.m. – 12.00 noon. allowing the afternoon for occasional site visits.  A buffet lunch to be provided, members were asked to supply early apologies to assist catering arrangements.

 

The following dates were approved:

 

Monday 13th October 03; Monday 19th January 04 and Monday 19th April 04.

__________________________

 

THE MEETING ADJOURNED FOR LUNCH AT 12.45 AND

RECONVENED AT 13.35

__________________________

LAF

9         

Blue Skies Initiative – NSC Tourism Officer Julia Stuckey

 

Copies of the presentation were distributed at the meeting a copy to remain in the minute book. Leaflets on Clevedon heritage Walks, Weston wings and wheels, gardens and gardening and the Weston–super-Mare visitors guide were left on display for information.

Thanks were extended to Julia Stuckey from the Chairman for her efforts in forming the Rural Blue Skies for a launch in February 2003.

 

 The following responses were made to comments from the floor:

 

·                    Rural Attractions/Access group, also looking at access issues and promoting new networks, leaflets are ready for publication but awaiting funding;

·                    Weston Civic Pride focuses more on Weston-s-Mare;

·                    Bristol, Bath and Somerset had more specific high profile attractions, while North Somerset had lower profile rural attractions but a larger accommodation base;

·                    Weston-s-Mare attracted 3.3 million people last year;

·                    further local rural interests included  a Taste of North Somerset, 59 local producers supplying local produce with a web site, the development of a Farmers Market, Rural Crafts, a strong local craft industry with 57 craft producers in North Somerset and Tyntesfield Estate;

·                    Bristol International Airport was seen as an area for further opportunity to promote North Somerset`s attractions to incoming visitors;

·                    Paul Wynne and Michael Amos were on the Rural Blue Skies Committee enabling feedback to avoid any duplication of work.

LAF

10     

Reviewing the Definitive Map and Statement – Richard Broadhead (NS Access Policy Officer)

 

Copies of the presentation and the Planning and Regulatory Committee Report were distributed at the meeting. Copies to be included in the minute book.

 

10.1      The Planning and Regulatory Committee Report

 

The report provided an update on the growing caseload of applications for Definitive Map Modification Orders and the difficulties currently being experienced in processing them.  The report identified where the delays in processing the applications are occurring and examined the options available to improve the situation.  A bid had been placed for an extra Definitive Map Officer, for an initial three year period, to clear the backlog of Definitive Map work. A Rights of Way Sub-Committee was proposed to be established with delegated authority from the Planning and Regulatory Committee, to determine applications for DMMOs and Public Path Orders.

 

The Forum agreed with and supported this report through the officers.  The outcome will be followed up within the Forums report at the end of the year if necessary.

 

10.2      The following responses were made on the above presentation:

 

·                    typical documentary evidence supplied for a DMMO by applicants was from many different sources including Definitive map records, Tithe maps and Enclosure Awards;

·                    the Government is establishing clear guidelines to  ensure more supportive evidence is supplied with applications;

·                    preliminary stages of investigations should include acquiring evidence from elderly users;

·                    the definition of a mechanically propelled vehicle is one that is motorised, exceptions with regard to their exclusion from public rights of way other than byways open to all traffic and RUPPs with public vehicular rights are electrically powered bicycles and wheelchairs;

·                    PROW Officers make recommendations on Orders to elected members, but the members are not bound to these recommendations;

·                    the Appeal process needs to be clearer;

·                    members of the new Rights of Way sub-committee will be trained to investigate issues;

·                    a Stopping Up Order or Extinguishment Order  stops up the right of access, but the right of access could be re-established over a period of usage time;

·                    applications can be resubmitted where new or previously uninvestigated evidence has not been looked at;

·                    applicants should have cost implications, currently the law states that if any party has acted unreasonably there is a risk of having costs awarded.

LAF

11     

Countryside Agency Consultation on the Country Code – Richard Broadhead

 

The questionnaire on the content of the new Country Code.

 

After group discussion it was agreed that:

 

·                    each individual member would if they wished complete their own questionnaires and send these to the Countryside Agency`s consultants. All members to send a copy of their responses to Leonie Allday ;

·                    this was requested as an agenda item for the next meeting;

·                    Leonie Allday and Barbera Bennett would determine common ground and areas of debate for a more structured discussion at the next Forum meeting;

·                    the Forum discussed producing North Somerset’s own version of the Country Code specific to local issues.

LAF

12     

Permissive Paths Legal Issues – Richard Broadhead

 

The Chairman agreed to leave this item until the next Forum meeting.

LAF

13     

Open Discussion on Countryside Access Strategy (as previously distributed in red folders)

 

Debate ensued and the following points were raised:

 

·                    the Improvement Plan is to be a more positive working document, regular reports on progress to be made to Forum meetings;

·                    North Somerset Council should support extensions to existing networks;

·                    Dave Roberts (Access Development Officer) oversees the network development and would be invited to attend a future Forum meeting, to discuss this area of work;

·                    an affordable amount had been bid for the Forum, it appears that this will be adequate for the current year, a further bid for the operations of the Forum has been made for 2004/05;

·                    North Somerset`s Countryside Access Strategy was criticised of over emphasising the management strategy and not the marketing side;

·                    the Forum should work with the Blue Skies Initiative to improve this;

·                     the network should be made more effective;

·                    the remit of the Forum is “To advise North Somerset Council as to the improvement of public access to land in the area of North Somerset for the purpose of open air recreation and the enjoyment of the area and every year the LAF shall prepare a report on how they have this done” Rules of Conduct of Meetings attached to agenda.

 

(Section 94 Countryside and Rights of Way Act 2000 and Reg. 12 of the Local Access Forum Regulations 2002)

 

·                    the Access Strategy is a tool to help Officers to manage the Rights of Way network and to explain current work to the public, however the Improvement Plan is a more far reaching tool to improve countryside access in general.

 

It was agreed that Paul Wynne and Chris Weedon would co-ordinate and create an agenda item on promotional issues.

LAF

14     

Access Land Mapping Consultation

 

Maps had  been made available during the meeting.

LAF

15     

Any Other Business

 

Tim Shapley highlighted the lack of access provision for disabled persons when he came to live in North Somerset 12 years ago.  He has long been campaigning ever since on disabled access issues.  Other Local Authorities have Access Officers who act as a focal point by co-ordinating local issues and assist with consultation projects. He asked if the Forum could use its influence to support the creation of a North Somerset Local Access Officer. This was noted as a possible future agenda item.

LAF

16     

Items for Next Meeting

 

Sufficient agenda items had been generated during the course of the meeting. The venue is to be sought in the Portishead area.

 

Agenda Items:

North Somerset Council Press Officer, Terms of Reference, Permissive Paths, Country Code; Promotion and Marketing Issues; ROW Improvement Plan and Disabled Access Issues.

LAF

17     

Close of Meeting

 

The Chairman closed the meeting, and was thanked by Forum members for his highly competent chairmanship.

 

 

 

 

                                                                                        ________________________________

                                                                                                                 Chairman

                                                                                        ________________________________