Meeting documents
HTM/11/12
North Devon Highways and Traffic Orders Committee
25 October 2011
ENV ID 4211- Devon County Council
(Road Past Bouchland Farm, Burrington) (Prohibition of Motor Vehicles) Order
Report of the Head of Highways and Traffic Management
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Recommendation: It is recommended that the proposed traffic regulation order shown on plan N500-115, as advertised, is not implemented.
1. Summary
This report details proposals to introduce a traffic regulation order prohibiting motor vehicles from using the R7124 known under the national Street Gazetteer as the Road Past Bouchland Farm.
2. Background
The status of the R7124 was investigated through the Public Rights of Way Definitive Map Review 1991/94. The review considered the status of the route as a public footpath claimed by the ramblers association. The review identified that the route was a county road and Devon County Councils records were updated accordingly. A copy of The Public Rights of Way and Grants Sub-Committee Report EP/94/91/HQ is included in Appendix I. Concerns were raised in this report about the standard of the junction onto the A377 and the potential danger if this route and junction were to be made available for vehicular use.
Issues relating to the status of the lane and access were raised again in 2010 with the North Area Highway Management Team. Subsequent investigation by the Area team led to a safety assessment of the route and junction being undertaken. A copy of the Safety assessment is included in Appendix II. The assessment raised similar concerns about the standard of the junction onto the A377 and the potential for safety issues. A copy of the accident statistics is included in Appendix IV.
To reduce the risk associated with the junction onto the A377 Devon County Council proposed restricting access to the section beyond Bouchland Farm for all motor vehicles. But because there were no recorded injuries related to this junction, Devon County Council did not consider that this proposal should be prioritised for funding.
External funding was made available to progress the traffic regulation order required to prohibit motor vehicles. Devon County Council agreed to advertise the proposed order if supported by the Parish Council and Local Member. Copies of relevant parish minutes are included in Appendix III.
Eighty five objections were received in response to the advertisement. Copies of the responses will be available for inspection at the meeting.
All 85 responses we received, expressed objections to the proposed order. 67 responses were received from addresses in Devon. None of the responses were received from addresses in the Parish of Burrington.
30 objected on the grounds that Devon County Council has a duty to consider alternatives to keeping the highway open.
47 requested that we consider a one way order as an alternative on safety grounds to the complete prohibition of motor vehicles.
15 identified themselves as users of the route.
19 questioned the lack of reported accidents and the justification on safety grounds for removing rights of vehicular access.
23 referred to a history of illegal obstruction on this route.
3. Proposal
The proposed traffic regulation order is shown on Plan No N500-511. The proposed order prohibits access by all motor vehicles on the section of the lane from Bouchland Farm to its junction with the A377. The section of the lane from Bouchland Farm to the C715 is not covered by the proposal in order to maintain access for the farm. In addition to the traffic regulation order the proposal includes gating of the lane at its junction with the A377. The proposed gate will allow access for non vehicular traffic at all times.
4. Financial Considerations
External funding of 500 was provided to fund the cost of advertising the proposed traffic regulation order. No additional funding sources have been identified.
5. Alternative Options
Alternative options were considered before proposing the prohibition of motor vehicles, including prohibiting the route except for access, stopping up the route entirely, or diverting the route to meet the C715 Road to the north at Lower Braggamarsh. The nearby C715 at Lower Braggamarsh provides an alternative route within 90m of the R7124, Road Past Bouchland Farm. It was felt that the proposal to prohibit motor vehicles including a physical gating of the route provided the most economic solution to address the safety concerns of the junction onto the A377.
6. Sustainability Considerations
There are no sustainability considerations.
7. Carbon Impact Considerations
There are no carbon impact considerations.
8. Equality Considerations
There are no equality considerations.
9. Legal Considerations
A decision to implement the proposed traffic regulation order can be made by the Highways & Traffic Orders Committee. If a decision is made to proceed with the order, then for a period of six weeks following the making of the order, anyone may apply to the High Court to question the validity of the order or the procedures used in making the order.
10. Risk Management Considerations
No funding has been identified beyond the external funds provided to progress the advertisement of this traffic regulation order. Therefore, if HATOC decide to implement the traffic order, further funds would have to be identified.
11. Reasons for Recommendation
The advertisement has shown that there is established use of this lane and a clear desire to maintain vehicular access. This order only proposes a prohibition of motor vehicles and does not propose stopping up the road for all traffic.
The justification for proposing the order was based on a safety assessment that highlighted the poor standard of the junction with the A377. This justification has been questioned by the objectors. The accident record for this area shows no recorded incidents relating to the junction and, therefore, would not be treated as part of the annual accident review process.
Alternatively, objectors have suggested that a one way order be considered to alleviate safety concerns about vehicles exiting onto the A377. Appropriate warning signs could also be considered on the A377 approaches.
It is considered that the most cost effective method of dealing with safety concerns would be to prohibit motor vehicles. The alternatives proposed by objectors may improve safety at this junction. Implementing one way into the route would require advertising a further traffic regulation order, associated signs, and a budget to progress this. As there are currently no reported accidents, it is recommended, on balance, that no further action is taken and the junction is monitored as part of the annual review process. It is acknowledged however that the safety assessment does raise concerns about the standard of this junction.
For the reasons above it is recommended that the traffic regulation order does not proceed as advertised.
Lester Willmington
Head of Highways and Traffic Management
Electoral Division: Chulmleigh & Swimbridge
District Ward: Chulmleigh
Local Government Act 1972: List of Background Papers
Contact for enquiries: James Anstee
Room No. 511 Barnstaple Civic Centre
Tel No: (01392) 388500
| Background Paper | Date | File Ref. | |
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| 1. | Public Rights of Way and Grants Sub-Committee Definitive Map Review 1991/94 Parish Of Burrington
| 28 January 1994 | EP/94/91/HQ |
gp111011ndh
sc/cr/bouchland farm
03 hq 111011
Appendix I
To HTM/11/12
Appendix II
To HTM/11/12
Appendix III
To HTM/11/12
BURRINGTON PARISH COUNCIL 286
Parish Council Meeting held on the 26th July 2011
Present Mr J Short (Chairman), Mr P Bailey, Mr M Evans Mr. B. Fraser-Smith Mrs E Griffiths, Mr P Kelley, Mr K Pincombe, Mrs T Weston Mrs A Snell (Clerk)
In attendance Mr G Short, Mr Johnson, Mr A Fraser-Smith and Mr R Edgell-County Councillor
Apologies: Mr P Smale prior commitment
Mrs S Croft District Councillor, PCSO Yorkie
Declaration of Interests Councillors are invited to declare any personal or prejudicial interest,
including the nature and extent of such interests they may have in any items to be
considered at this meeting. They are also reminded to consider whether in the light of recent
activities any items within their Register of Interests should be updated.
Mrs E Griffiths declared a personal interest in planning 52280 and Mr B Fraser-Smith a prejudicial interest. Mr John Short declared a prejudicial interest in discussions regarding the smell situation,
Mr P Bailey declared a prejudicial interest with regard to the Methodist graveyard and Mr J Short a personal one.
Public Participation
Mr Gordon Short spoke to the Council with regard to the future of the Methodist graveyard.
Mr Alan Fraser-Smith responded to questions raised by the council at the last meeting on planning 52280, being the change from agricultural to industrial use this refers to the land on which the proposed building is to be built as the other existing building are classifies as industrial already, the traffic point if the grass drying business was to return to full capacity there would be more traffic movements than with the introduction of the new business. The smell point, no adverse information has been obtained from the Knutsford site, during the trial at Aylescott no adverse smell was experienced, and the business would be under licence from the Environment Agency who would monitor the situation.
1. i. The Minutes of the meeting held on 28th June were agreed and signed.
2. Clerks report, i. Update on the smell situation, a letter has been received from Nick Harvey MP informing the council that Pearce's wish to transfer the management as per the original contract. It was report that the owners of no 3, 4 and 5 have agreed to take over the management of the pumping station and in a letter from Mr C Broxton SWW a trail chemical dose is to be undertaken shortly to ensure if a doser was fitted the chemical would be effective. SWW are to take over private pumping stations in the autumn so it is hoped Southfield will be adopted as soon as possible. ii. At the last meeting two pupils from Chulmleigh school attended and highlighted the bus service that has been organised from Chulmlegh to Witheridge on a Thursday night after study session they asked if such a service could be organised from Burrington, it was suggested to go back to the pupils for them to obtain more information in the form of numbers that are likely to use the service, some level of costings etc and consider the information at the next meeting. iii. An email has been received from Mr I Roberts the County Solicitor, with regard to advertising a consultation on the road past Bouchland Farm, and the prohibition of motor vehicles, it was agreed to put a notice on the notice board informing people of this consultation and the papers be held at Pickard's Office for anyone interested in making a comment. iv. The information has been obtained with regard to "Beating the Boundaries", a working party is to be set up with Mrs T Weston, Mrs L Griffiths and the clerk.
3. Chairman's Report. i. DCC and Somerset CC have been successful in a bid to obtain a grant to improve the broadband service in rural areas, it was suggested that the Parish Council contact the
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relevant person to highlight the problems experienced in Burrington. Ii. Methodist Graveyard, a working part is to be set up to gain more information.
4. Highways, Pot holes were reported at by Aylescott Driers, by gone with the Wind and Pavington to Pennyford these will be reported.
5. County/District Councillors items, Cllr Edgell reported that the staffing at DCC has been reduced by 1600, and the executive has been reduced from 5 to 2 with departments that cover (i) People and (ii) Place. The grant for the Play Equipment of 1000 has been agreed and should come through in three weeks time.
As it was 9.30 it was agreed by all to continue.
6. Finance, Approve and sign the following cheques from 1851:-
| 787 | Scottish Widows | 15,000 |
| 788 | Clerks salary | 339.17 |
| 789 | Election expenses | 388.50 |
| 790 | DALC | 30.00 |
| 791 | Burrington Parish Hall | 6.60 |
| 792 | Country Profile | 172.80 |
All councillors were in agreement to approve the cheques.
7.i. Planning P C recommendations NDDC
| 51797 | 50kw wind turbine, Bedport Farm |
| A letter has been received from NDC planning reporting that due to issues with wind turbines all now have a site visit, the site visit for this application is on the 9th August and the Planning Committee meeting on the 10th August, after a vote with 3 for a site visit 2 against and 3 abstentions, a Parish Councillors will attend the site visit. After a vote with 5 for a rep attending the Committee meeting and speaking and 3 abstentions Mr J Short is to attend the meeting and make representation, the response will be put forward from the 15th March 2011 minutes. |
| PD/ENF 7116 | Appeals by Mr G & M Hill in respect of land adjacent to Braggamarsh Wood & A377 | Refusal | A letter has been received from Mr Wickham the Enforcement Officer asking if any councillors had any historical information that could be passed on to him, no Councillors had any information. |
| 52333 | Listed building application for urgent stabilisation, restoration and long term preservation work, Callard Farmhouse. | Approval | Passed |
| 52280 | Aylescott Driers, change of use of agricultural land together with erection of one building for storage and handling of materials |
| Mr B Fraser-Smith left the room. After listening to the applicant and further discussions it was proposed by Mrs T Weston and seconded by Mr K Pincombe to recommend approval of the proposal with 5 for and two abstentions. |
| 52094 52114 | Meadow Park House, |
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| 52438 | Golland Farm, erection of one stable block and sand school for private use and erection of one block for use ancillary to holiday units. |
| It was reported there would be no issues with visual impact or the height of the proposed buildings. The point of concern raised was that the Public Bridleway through the property was not identified on the location plan. It was proposed by Mr. J Short and seconded by Mrs. T Weston to recommend approval, all in favour |
| 52460 | Aylescott, variation of condition two in approved planning 51173 | Approval |
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As it was 9.30pm it was agreed to continue.
8. Police Report, No report was available.
9).Parish Hall. No report was given.
10. Play Equipment. It was reported that a conditional grant of 10,000 has been agreed from Awards for All, a gross grant of 6800 from Deep Moor Land fill tax, 1,000 for Cllr Richard Edgell, 2600 from the S106 money from the Southfield development, and a 2500 grant from the Parish council for the Play Equipment, so it was agreed for the order to be placed. It was suggested a small contribution from the children who asked for the equipment would be desirable. As this is a bespoke piece of equipment three quotes were received from within this company.
11. The Fixed Asset report was deferred to the next meeting.
12. Queens Diamond Jubilee celebrations, information has been received from the Queen's Jubilee Beacons stating that beacons are to be lit on the 4th June 2012 and a registration form has to be completed. An extra Bank holiday is to be held on the 5th June. Suggestions will be put forward at the next meeting.
13. Correspondence
i. The DALC Newsletter was distributed.
ii. Devon in Touch has been received.
iii. Congratulations goes to Mr B Fraser-Smith for coming equal first in the election for the northern area DALC Committee election, Mr Fraser-Smith did raise concern that the elected representatives are from a concentrated area with large areas not represented, Mr Fraser-Smith is to bring this issue to the next DALC Committee meeting.
iv. Information has been received on the new Food Hygiene Rating Scheme
Date of next meeting:
The next Parish Council Meeting is to be held on Tuesday 30th August 2011,
Chairman
.. Date
Dates of forthcoming meetings: Tuesday September 27th Parish Council Meeting
BURRINGTON PARISH COUNCIL 252
Parish Council Meeting held on the 31st August 2010
Present Mr J Short (Chairman), Mrs T Weston, Mr P Bailey, Mr M Evans, Mr. B. Fraser-Smith Mrs E Griffiths, Mrs A Snell (Clerk)
In attendance PCSO Yorkie, Neighbourhood Beat Manager PC Graham Jones and Mr and Mrs J Chapple Mr R Edgell-County Councillor Mrs S Croft - District Councillor
Apologies: Mr P Smale - work
Mr R Marriott -Prior commitment
Mr R Snell - Work
Public Participation
Declaration of Interests Councillors are invited to declare any personal or prejudicial interest,
including the nature and extent of such interests they may have in any items to be
considered at this meeting. They are also reminded to consider whether in the light of recent
activities any items within their Register of Interests should be updated.
1. i. The Minutes of the meeting held on 27th July 2010 were agreed and signed.
2. Clerks report, i. A second smell survey has been completed by householders and sent to Mr P Stewart from Highways to come and survey the drains as highlighted as being a problem. Two companies have been approached regarding doing a survey, Hi Tech drains were most informative and informed us that the agitation of the moving material was causing the problem and the only way to solve the problem would be to fit a de-odouriser. This has been discussed before when Pearce's said they would not fit one. It is felt virtually every avenue has been looked into so a strongly worded letter is to be sent to Mr N Harvey MP asking for action to be taken.
Mr Harvey has a surgery in Burrington on the 5th October from 2.45 to 3.15pm so councillors are to attend.
ii. The Empowering Communities seminar has been re-scheduled for Friday the 8th October in Barnstaple Mr B Fraser-Smith and Mrs A Snell are to attend. iii. A letter has been received from the Land Registry regarding the Square the letter was relayed to the meeting; points were raised as needing clarity and will be raised again at the next meeting.
3. Chairman's Report. i. The soakaway has been started today, ii. The district council grant, Cllr Croft has agreed for it to be allocated so NDDC will be informed iii. Mr K Pickard has been informed of the problem and subsequent bill with the installation of the lights around the MUGA and has agreed to pay half of the bill.
4. Highways, i. The work on the Oak tree has been undertaken. Notification had been received from NDDC, the arborist stated that the tree is healthly but in 3-4 years a substantial amount of growth will need to be removed as the tree is hollow and this will sustain growth. It was reported that the pavement at Meadow Park has yet to be dealt with by highways.
5. County and District Councillors items: Cllr Richard Edgell has been consulted by NDDC regarding the closure for vehicular access of the road from Bouchland Farm down to the A377. Cllr Edgell had difficulty locating the access from the A377 as it is so over grown; a safety audit has been carried out by NDDC with the conclusion that the access onto the A337 is very dangerous. After discussion Cllr Edgell is to recommend that this road is closed to vehicular access, Mr and Mrs Chapple from Bouchland Farm were in agreement. Cllr Edgell is pleased that the grant for the Parish hall has been agreed at 10,000, he was with the Executive when they visited the hall for an inspection. DCC are awaiting a spending review which is likely to be a 25% reduction from central government, so funding at local level is likely to be more difficult. Over 1000 jobs have already been shed from the organisation.
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Cllr Croft informed the meeting that NDDC has adopted a new child protection policy, she has kindly agreed to forward a copy to the Parish council, and this should be taken into consideration when applying for grants. The point was also raised of the fact that Burrington receives an annual toilet grant that is under review.
NDDC have informed the parish council of there Community Resilience plans which is an ongoing plan from the emergency plan with seminars to attend, the councillors felt we have an Emergency plan in place so no further action needs to be taken, so a reply is to be sent informing the council that no one is to attend but highlighting the fact that during the bad weather earlier this year the bus service failed and that the snow clearance and gritting was not carried out from the village to the B3217, which would have linked up to the A377. Also Kingford Hill was not cleared or gritted at all.
Information has been received from the Parish Council Planning forum the details were passed on to those who attended the next meeting is on the 14th of October. The DALC AGM is on the 25th September at present no one is to attend.
6. Finance, Approve and sign the following cheques from 1851:-
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| DPFA (Mrs T Weston) | 15.00 |
All councillors were in agreement to approve the cheque.
i. A quote for 169.20 from Country Profile has been received for work on the bus shelter it was proposed by Mr B Fraser-Smith and seconded by Mr P Bailey to accept the quote all in favour. A letter has been received from the Audit Commission requiring one minor amendment to the Audit form this has been completed and returned.
7. Planning
Planning P C recommendations NDDC
| 50234 | Balls Corner Woods
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| Passed |
| 49933 | 5 Southfield, removal of hedge and formation of new vehicular access. |
| Gone to Appeal a hard copy is to be requested. |
8. Police Report, Neighbourhood Beat Manager PC Graham Jones was welcomed to the meeting. It was reported that there has been no crimes but 5 phone calls to the Police Station in the last 30 days. These include sheep on the road. The Crime Prevention Panel are in Chulmleigh next Wednesday the 8th September at the Parish hall from 7.30pm. This will deal with crime in the area and the best way to combat it. The police will also be promoting alarmed padlocks at 12.00 per padlock and selected DNA kits at 24.00.
9).Parish Hall. Two letters have been received from the Parish hall Committee firstly thanking the Parish Council for there grant of 2500, secondly informing the Parish Council of there intension to submit amended plans for the hall extension to increase the size of the storage extension at the car park end of the hall, as the Parish council is the applicant the plans were viewed and agreed, it was proposed by Mrs T Weston and seconded by Mrs E Griffiths to pay any application fee if required. A report was given on the progress of the grants for the hall, Leader 4 a grant of 49,085 has been secured, 10,000 from NDDC and awaiting to hear from CCD.
It as highlighted that on two occasions dumpy bags from the recycling van have been left in the parish Hall car park, the first was reported and removed the next day the second was on a Friday and due to the Monday being a Bank holiday they were still not removed by the Tuesday evening. Mr Bailey has reported these. It was stated that the Parish Hall car park is private property and if it had been windy over the weekend the rubbish would have blown about.
A letter has been received from Little Oaks asking for support from the Parish council for their plans for a log cabin style of building in the School garden; the letter was relayed to the meeting.
After discussion it was decided to ask for more information before a reply can be given, this will be put on the agenda for the next meeting.
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10). A Play equipment meeting has been held, it was reported that from the input of the children they would like the monkey puzzle replaced with a similar piece of equipment, play equipment companies have been asked to attend the Scarecrow events to promote their products.
11). Mobile Post Office, the parish magazine has included a promotional article regarding the PO service to try and promote use.
12. Correspondence
i). A letter has been received regarding the mobile library service, the revised service allocated times are Balls Corner 10 minutes, Parish Hall 45 minutes an extra 10 minutes and Pound Close 15 minutes.
ii). A Cemetery Management course is available.
iii).A R D & E Newsletter has been received.
iv. The North Devon Homes AGM is on the 21st September
vi. Nick Harvey MP surgery dates are to be posted on the notice board
vii. A letter has been received from the Devon Playing Fields Association.
viii. The Highways surgeries have been suspended due to lack of attendance.
ix. The forthcoming events for the Hospice have been posted on the Notice Board
As there was no further business the meeting was closed.
Date of next meeting:
The next Parish Council Meeting is to be held on Tuesday 28th September 2010, 7.30pm,
Chairman
.. Date
Dates of forthcoming meetings:
October 25th
Appendix IV
To HTM/11/12