Agenda and minutes

Members are requested to elect the Chair for 2017/18 Municipal Year.

It was moved by Councillor Tim Kent, duly seconded and upon being put to the vote, it was

Resolved – that Councillor Peter Abraham be elected as Chair for 2017/18 Municipal Year.

Members are requested to elect the Vice-Chair for 2017/18 Municipal Year.

It was moved by Councillor Peter Abraham, duly seconded and upon being put to the vote, it was

Resolved – that Councillor Tim Kent be elected as Vice-Chair for the 2017/18 Municipal Year.

The Chair welcomed all parties to the meeting and requested that officers and Councillors introduce themselves. He reminded all attendees of the arrangements for evacuation of the building in case of an emergency.

Apologies for absence were received from Councillor Paul Goggin.

Members are requested to note the following Terms of Reference for the Public Rights of Way and Greens Committee for 2017/18 as agreed at the Annual Meeting of Full Council on Tuesday 23^rd May 2017:

TERMS OF REFERENCE

Functions

Full Council has delegated to the Public Rights of Way and Greens Committee all functions relating to public rights of way and greens are as specified in Regulation 2 and Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) under the following provisions and any related secondary legislation:

List  A  –  Non-Executive  Functions  Delegated  to  the  Business

Change Directorate

1.      Functions relating to the registration of common land and town or village greens (part 1 Commons Act 2006 and the Commons Registration (England) Regulations 2008);

2.      Power to register variation of rights of common (Regulation 29 of the  Commons  Registration  (General)  Regulations  1966  (S.I.

1966/1471));

3.      Power to apply for an enforcement order against unlawful works on common land (Section 41 Commons Act 2006);

4.      Power to protect unclaimed common land and unclaimed town and village greens against unlawful interference (Section 45(2)(a)

Commons Act 2006); and

5.      Power  to   institute  proceedings  for   offences  in   respect  of unclaimed registered common land or unclaimed town or village greens (Section 45(2)(b) of the Commons Act 2006).

List     B     –     Non-Executive    Functions    Delegated    to     the

Neighbourhoods and Place Directorates

6.      Power to grant a street works license (section 50 of the New

Roads and Street Works Act 1991 (c.22)).

7.      Power to permit deposit of builder’s skip on highway (section 139 of the Highways Act 1980 (c.66) (“the Act”)).

8.      Duty to publish notice in respect of proposal to grant permission under section 115E of the Act (section 115E of the Act).

9.      Power to license planning, retention and maintenance of trees etc. in part of highway (Section 142 of the Act).

10.    Power  to  authorise  erection  of  stiles  etc.  on  footpaths  or bridleways (section 147 of the Act).

11.    Power to license works in relation to buildings etc. which obstruct

the highway (Section 169 of the Act).

12.       Power to consent to temporary deposits or excavations in streets

(section 171 of the Act).

13.       Power to  dispense with obligation to  erect hoarding or  fence

(section 172 of the Act).

14.       Power to restrict the placing of rails, beams etc over highways

(section 178 of the Act).

15.       Power  to  consent  to  construction of  cellars  etc.  under  street

(section 179 of the Act).

16.    Power to consent to the making of openings into cellars etc. under streets and pavement lights and ventilators (section 180 of the Act).

17.   Power to create footpath, bridleway or restricted byway by agreement (section 25 of the Act (C.66)).

18.       Power  to  create  footpaths,  bridleways  and  restricted  byways

(section 26 of the Act).

19.   Duty to keep register of information with respect to maps, statements and declarations (section 31A of the Act).

20.       Power to stop up  ...  view the full agenda text for item 5.

The Committee noted their Terms of Reference for 2017/18 Municipal Year.

The following future dates are proposed for the remainder of 2017/18 Municipal Year as follows:

(all at 2pm on Mondays)

16^th October 2017

22^nd January 2018

16^th April 2018

Members are requested to decide whether or not to agree these proposed dates.

RESOLVED – that the following dates be approved as future dates for 2017/18 Municipal Year:

(all at 2pm on Mondays)

16^th October 2017

22^nd January 2018

16^th April 2018

To agree the minutes of the previous meeting as a correct record held on Monday 13th March 2017 as a correct record.

The Committee considered whether or not to approve the Minutes of the meeting on Monday 13^th March 2017 as a correct record.

Councillor Tim Kent stated that, in his view, the resolution which was agreed under Agenda Item 9 (Guidance and Briefing on Decision Making), was contrary to Standing Order CMR 12.1 (Motion to Rescind a Previous Resolution).

The Deputy Monitoring Officer confirmed that Councillor Kent had raised the matter with her but stated that in her view the proper process was followed in respect of this decision.

It was moved by the Chair, duly seconded and upon being out to the vote,

Resolved (5 for, 1 against – Councillor Tim Kent voting against and his name recorded as doing so in accordance with Standing Order CMR 13.4) that the Minutes of the above meeting be approved as a correct record and signed by the Chair.

To note any declarations of interest from the Councillors.  They are asked to indicate the relevant agenda item, the nature of the interest and in particular whether it is a disclosable pecuniary interest.

Any declarations of interest made at the meeting which is not on the register of interests should be notified to the Monitoring Officer for inclusion.

There were no declarations of interest.

To note any announcements from the Chair

There was no Chair’s business to report to the Committee.

Up to 30 minutes is allowed for this item.

Any member of the public or Councillor may participate in Public Forum.  The detailed arrangements for so doing are set out in the Public Information Sheet at the back of this agenda.  Public Forum items should be emailed to democratic.services@bristol.gov.uk and please note that the following deadlines will apply in relation to this meeting:-

Questions - Written questions must be received 3 clear working days prior to the meeting.  For this meeting, this means that your question(s) must be received in this office at the latest by 5pm on Tuesday 11^th July 2017.

Petitions and Statements - Petitions and statements must be received on the working day prior to the meeting.  For this meeting this means that your submission must be received in this office at the latest by 12pm on Friday 14^th July 2017.

The Committee heard Public Forum statements from the following:

David Mayer

Alan Preece

The Committee noted that there were no current Town or Village Green (TVG) Applications and that no money had been spent on TVG Applications since 12^th November 2016..

The Committee noted the present position concerning claims made under Section 53 of the Wildlife and Countryside Act 1981, public inquiries and miscellaneous rights of way orders, agreements and legal proceedings.

It was noted that no objections had been received for Public Path Orders (PPO’s) 207 and 424 and that these were now both confirmed.

Recommendation - that under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of schedule 12A of the Act (as amended).

Bristol City Council is fully committed to openness. The Council will not

withhold information unless there are good reasons for doing so. The following

report is not available to members of the public because it contains

information which is about individuals, labour relations or is commercially or

legally sensitive. The particular reasons are given in each case.

The Committee considered whether or not to go into exempt session to discuss the next Agenda Item 14 (Stoke Lodge Playing Fields – Legal Proceedings In Relation To the Committee Decision).

Some Members expressed the view that, since all Councillors who were present had read the report under the Council’s managed access procedures, there was no need to go into exempt session and that discussion could be held in open session.

The Deputy Monitoring Officer stressed that the Committee needed to consider confidential legal advice when discussing this item. If Councillors believed that they could discuss the various options set out in the report without discussing this advice, then they might consider it appropriate to have the discussion in open session. However, any discussion of the legal advice would require the Committee to go into exempt session.

The Committee agreed that they should go into exempt session for a short period to discuss the legal advice and then to return to open session for the remainder of the discussion and to vote on any decision.

It was then moved by the Chair, duly seconded and

Resolved – that under Section 1004(A) of the Local Government Act 1972, the public be excluded from the meeting for the consideration of the following item of business on the grounds that it involves the disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Local Government Act (as amended).

Containing Exempt Information In Accordance With Paragraph 5 (Information In respect of which a claim for legal professional privilege could be maintained in legal proceedings)

Report To Follow

The Committee considered this report in exempt session and discussed in detail various options.

Members then agreed to move back into open session for the remainder of the item.

Councillor Abraham moved, seconded by Councillor Wellington and upon being put to the vote, it was

Resolved (unanimously) – that the decision of the Public Rights of Way Committee held on Monday 13^th March 2017 is noted in principle but that no further action be taken until the Committee meets in approximately 1 month time pending seeking further information.

Subject to the proposed dates being agreed, the next meeting is scheduled for 2pm on Monday 16^th October 2017.

It was noted that the next scheduled meeting was fixed for 2pm on Monday 16^th October 2017.

However, it was also noted that, following the decision taken in respect of Agenda Item 14, an extraordinary meeting of the Committee would need to be fixed within approximately 1 month to discuss this issue.