bathnes | making bath and north east somerset an even ... · graeme stark from: duncan hounsell...

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Graeme Stark

From: Graeme Stark

Sent: 10 November 2015 12:07

To: 'Jonathan Cheal'

Subject: RE: Public Footpath application at Saltford Ref Mogers Drewett

LLP:MA:G3336.001

Dear Jonathan Apologies for the delay in confirming receipt of your clients’ statements. I can confirm that the Authority expects to start processing the application in the New Year and your clients’ statements will be taken into consideration when determining the application. Regards, Graeme. Graeme Stark Senior Officer: Public Rights of Way Environmental Services Bath and North East Somerset Council Telephone: 01225 477650 Email: [email protected] www.bathnes.gov.uk Twitter: www.twitter.com/bathnes Bath & North East Somerset - The place to live, work and visit. Please consider the environment before printing this email

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Graeme Stark

From: Jonathan Cheal <[email protected]>

Sent: 11 December 2017 14:48

To: Graeme Stark


LLP:MA:G3336.001

Graeme,

Your consultation letter of 1st December has just reached me. I’m presuming you are not expecting a

response from me or Adam Stratton, as you’ve had our case already, and that I was only sent a copy

as I was on the circulation list.

If this is not so, please let me know.

Jonathan

Jonathan Cheal

Solicitor - Agriculture

T 01749 342323M 07901 332642

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Graeme Stark

From: Graeme Stark


To: 'Jonathan Cheal'


LLP:MA:G3336.001

Dear Jonathan Thank you for your email. I can confirm that we have already received submissions from yourself and these will be taken into consideration by the Council. So there is no need to make any further responses unless there is something that you wish like to add. I will keep you updated with progress on the application. Regards, Graeme. Graeme Stark Principal Officer: Public Rights of Way Environmental Services Bath and North East Somerset Council Telephone: 01225 477650 Email: [email protected] www.bathnes.gov.uk Twitter: www.twitter.com/bathnes Bath & North East Somerset - The place to live, work and visit. Please consider the environment before printing this email

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Graeme Stark

From: Phil Harding >


To: Graeme Stark

Cc: Saltford Parish Council; Chris Warren; Adrian Betts; 'Duncan Hounsell'

Subject: Application for a Modification Order to amend the Definitive Map of Public Rights

of Way in the Saltford area

Attachments: 03 Stark to Saltford PC letter 04.12.17.docx; 08 Flowchart.pdf; 09 Investigation

Report.pdf

Hi Graeme

I am Vice Chairman of Saltford Parish Council through which I became aware of this application but am contacting you as

Chairman of Saltford Environment Group (SEG).

You may wish to be aware that the route from points A to F are also part of walk 4 of SEG’s 8 History Walks of Saltford that we

published in 2016 at http://www.saltfordenvironmentgroup.org.uk/history/history011.html. Information and the mapped route

for Walk 4 itself can be found online at http://www.saltfordenvironmentgroup.org.uk/history/history011-walk4.html.

SEG as an organisation has had nothing to do with the application to modify or create a public right of way, indeed I am not

aware of who made the application. I am merely drawing our History Walk No. 4 to your attention in case it has any bearings on

your deliberations; SEG is not by this email making a statement for or against the application.

Kind regards

Phil

PHIL HARDING MBE

Chairman

SALTFORD ENVIRONMENT GROUP www.saltfordenvironmentgroup.org.uk

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Graeme Stark

From: Graeme Stark


To: 'Phil Harding'

Cc: Saltford Parish Council;

Subject: RE: Application for a Modification Order to amend the Definitive Map of Public

Rights of Way in the Saltford area

Dear Phil Thank you for your email and for drawing my attention to the walk leaflet. We will take this into consideration when determining the DMMO application. As an aside, we have collated all the published walks leaflets that we are aware of on our website at http://www.bathnes.gov.uk/services/streets-and-highway-maintenance/public-rights-way/exploring-countryside/easy-going-walks . Would you be happy for us to include the eight downloadable Heritage Walks leaflets? Thanks, Graeme. Graeme Stark Principal Officer: Public Rights of Way Environmental Services Bath and North East Somerset Council Telephone: 01225 477650 Email: [email protected] www.bathnes.gov.uk Twitter: www.twitter.com/bathnes Bath & North East Somerset - The place to live, work and visit. Please consider the environment before printing this email

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Graeme Stark

From: Duncan Hounsell


To: Graeme Stark


r

Subject: Application for a modification order to amend the definitive map of Public Rights of

Way SALTFORD area

Dear Graeme,

The clerk has passed your email to me regarding the application lodged by Reg Williams and Howard

Griffith in March 2015.

I am a Parish councillor and was Chair of the Council at that time.

As you will be aware, a comprehensive permissive path agreement (licence) was agreed in 2014 between

RW Stratton Partnership the landowners and the Saltford Community Association (SCA) which included the

paths in this application. This was an agreement I helped to broker following a public meeting.

Please note the email from Chery Hannan below to the Parish Council in August 2014. This makes clear

that any evidence to support the claim made that the paths in question have been used for 20 years would

need to predate the 13 years of the countryside stewardship agreement which Mr Stratton had in that

period. I do not have the precise dates but it would appear that evidence would need to pertain to the

period October 1980 to October 2000.

Your attachment, interpretation of evidence, contains a succession of blank pages and I am not clear if that

was intentional on your part at this stage.

Obviously you must follow due process but I am concerned that this application could, paradoxically, lead

to reduced public access to paths around Saltford (particularly those south of Manor Road/west of

Longwood Lane, and those to the north of the A4 at this location) should the current licence agreement be

withdrawn by one of the parties.

Written in a personal capacity

Cllr Duncan Hounsell

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Graeme Stark

From: Graeme Stark


To: 'Duncan Hounsell'


Subject: RE: Application for a modification order to amend the definitive map of Public

Rights of Way SALTFORD area

Attachments: 09 Investigation Report.pdf

Dear Duncan Thank you for your email. Sorry for the problems with the previous attachment you received. There should not have been any blank pages in the Investigation Report and the copy I originally sent appears to be complete, so I’m not sure what has gone wrong here but I have reattached a copy of the report. I can confirm that the 20 year period of use would need to pre-date the granting of permissive access. Natural England, who latterly administered permissive access under the Countryside Stewardship Scheme (CSS), have stated that permissive access didn’t start until 2001 even though Glenavon Farm’s CSS agreement started in 2000. Regards, Graeme. Graeme Stark Principal Officer: Public Rights of Way Environmental Services Bath and North East Somerset Council Telephone: 01225 477650 Email: [email protected] www.bathnes.gov.uk Twitter: www.twitter.com/bathnes Bath & North East Somerset - The place to live, work and visit. Please consider the environment before printing this email

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Graeme Stark

From: Chris Essex


To: [email protected]; Graeme Stark


Subject: Re: Application for a modification order to amend the definitive map of Public


Graeme I'm Chris Essex and Hon Treasurer of the Saltford Community Association (SCA). Like Duncan I was heavily involved in reaching the agreement with Adam Stratton during 2014 which led to the signing of an agreement between him and the SCA to keep all the Permissive Paths open from 1 November 2014. Each year the SCA goes to a lot of effort to encourage residents of Saltford and Keynsham to make specific donations to raise £3000 to keep 4.5km of paths open for another year. In our latest SCA Newsletter (SCAN) we have announced that we have raised £3000 to keep the paths open for the next year and I have paid Adam Stratton this amount. 3500 copies have been printed and distributed, plus we have communicated to around 1400 via email. My main question and concern is can you clarify where this application has been since 9 March 2015 as I was not aware of it? I am also concerned that I have unknowingly been collecting donations and paying Adam Stratton during this period and now up to the end of October 2018. SCAN is printed bi monthly and the copy deadline for the next one is 10 January 2018. This edition would normally be important to launch the appeal for the following year and would enclose a donation envelope to encourage gift aided donations. With comments encouraged until 25 January 2018 I am now greatly concerned whether we can launch the appeal. I'm concerned that should this application be upheld I would have collected donations that all have to be refunded and this would not be practical. Like Duncan I believe that if this application is successful it will lead to the loss of all 4.5km of Permissive Paths we have an agreement with Adam Stratton to keep open. The SCA Trustees will discuss this further, but as I've said above I'm very concerned to understand where this application has been since 9 March 2015? Chris

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Graeme Stark

From: Graeme Stark


To: 'Chris Essex';


Subject: RE: Application for a modification order to amend the definitive map of Public


Dear Chris Thank you for your email. The application was made in 2015 but unfortunately the Authority has had a historic backlog of DMMO applications due to their complex and time consuming nature. Consequently, although this application has been included in the public register of applications, it has been on hold while we have been working through this backlog. The applicants’ case is that the routes are already public rights of way. I do understand the concerns that the landowner may withdraw permission for the public to use other routes which are not included in this DMMO application. However, the Authority has a statutory duty to process DMMO applications and we do not have any discretion in this respect. Regards, Graeme.

Graeme StarkPrincipal Officer: Public Rights of Way

Environmental ServicesBath and North East Somerset CouncilTelephone: 01225 477650Email: [email protected]: www.twitter.com/bathnes

Bath & North East Somerset - The place to live, work and visit.Please consider the environment before printing this email

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Graeme Stark

From: Emma Dixon (Cllr)


To: Graeme Stark

Subject: Re: Application for a Modification Order to amend the Definitive Map of Public


Dear Graeme,

I have no evidence to add. I would be happy to view a copy of the investigation and look forward to hearing details

on the outcome.

Merry Christmas and kindest Edgardo,

Emma Dixon

Saltford Ward Councillor

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Graeme Stark

From: Graeme Stark

Sent: 02 January 2018 09:27

To: Emma Dixon (Cllr)



Attachments: 09 Investigation Report.pdf

Dear Emma Thank you for your email. Please find attached a copy of the Investigation Report and if you have any queries please do not hesitate to contact me. Regards, Graeme. Graeme Stark Principal Officer: Public Rights of Way Environmental Services Bath and North East Somerset Council Telephone: 01225 477650 Email: [email protected] www.bathnes.gov.uk Twitter: www.twitter.com/bathnes Bath & North East Somerset - The place to live, work and visit. Please consider the environment before printing this email

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Graeme Stark

From: Brian < >


To: Graeme Stark

Subject: Re: Application for a Modification Order to amend the Definitive Map of Public


Dear Graeme

I have no evidence about the rights alleged in the application . From the evidence shown to date there seems to be little supporting a claim for a BOAT ! On behalf of the Ramblers I would support an application for a footpath or bridleway on the two routes subject ,of course, to sufficient evidence to support.

Regards

Brian

Brian WilsonRamblers Area Footpath Secretary

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Graeme Stark

From: Graeme Stark


To: 'Brian'



Thanks, Brian. I will keep you updated with progress. Happy New Year, Graeme. Graeme Stark Principal Officer: Public Rights of Way Environmental Services Bath and North East Somerset Council Telephone: 01225 477650 Email: [email protected] www.bathnes.gov.uk Twitter: www.twitter.com/bathnes Bath & North East Somerset - The place to live, work and visit. Please consider the environment before printing this email

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Graeme Stark

From: Graeme Stark


To: 'Reg Williams'

Subject: RE: Glenavon Farm

Dear Mr Williams Thank you for your email. Your comments will be taken into consideration when determining the application. Regards, Graeme.

Graeme StarkPrincipal Officer: Public Rights of Way

Environmental ServicesBath and North East Somerset CouncilTelephone: 01225 477650Email: [email protected]: www.twitter.com/bathnes

Bath & North East Somerset - The place to live, work and visit.Please consider the environment before printing this email

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Graeme Stark

From: Graeme Stark


To: 'Howard Griffiths'

Subject: Glenavon Farm DMMO Application

Dear Mr Griffith Thank you for your letter dated 9 January 2018. The information you have provided will be taken into consideration by the Authority when determining the application and I will of course inform you of the Authority’s decision. Regards, Graeme. Graeme Stark Principal Officer: Public Rights of Way Environmental Services Bath and North East Somerset Council Telephone: 01225 477650 Email: [email protected] www.bathnes.gov.uk Twitter: www.twitter.com/bathnes Bath & North East Somerset - The place to live, work and visit. Please consider the environment before printing this email

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