Agenda and draft minutes

The committee are asked to note the following membership and terms of reference for the Tynedale Local Area Council which were agreed by Council on 4 May 2022.

The membership is made up of the county councillors who represent the 13 electoral divisions in the Tynedale area:

Chair: T Cessford

Vice-Chair: D Kennedy

Vice-Chair (Planning): A Scott

Quorum – 4

Terms of reference

(1)    To enhance good governance in the area and ensure that the Council’s policies take account of the needs and aspirations of local communities and do not discriminate unfairly between the different Areas.

(2)    To advise the Cabinet on budget priorities and expenditure within the Area.

(3)    To consider, develop and influence policy and strategy development of the Council, its arms-length organisations, and other relevant bodies, to ensure that they meet local requirements and facilitate efficient and transparent decision making.   

(4)    To receive information, consider and comment on matters associated with service delivery including those undertaken in partnership agencies, affecting the local area to ensure that they meet local requirements, including matters relating to community safety, anti- social behaviour and environmental crime.

(5)    To consider and refer to Cabinet any issues from a local community perspective with emerging Neighbourhood Plans within their area, and consider local planning applications as per the planning delegation scheme 

(6)    To consider and recommend adjustments to budget priorities in relation to Local Transport Plan issues within their area, and to make decisions in relation to devolved capital highway maintenance allocations.

(7)    To engage, through the appropriate networks, with all key stakeholders from the public, private, voluntary and community sectors to facilitate the delivery of area priorities. This will include undertaking regular liaison with parish and town councils.

(8)    To inform, consult and engage local communities in accordance with Council policy and guidance, through the appropriate networks.  

(9)    To, as appropriate, respond or refer with recommendations to local petitions and councillor calls for action.

(10)  To make certain appointments to outside bodies as agreed by Council.

(11)  To determine applications for grant aid from the Community Chest, either through Panels for individual Local Area Councils, or through the Panel of Local Area Council Chairs for countywide applications.

(12)  To refer and receive appropriate issues for consideration to or from other Council Committees, and as appropriate invite Portfolio Holders to attend a meeting if an item in their area of responsibility is to be discussed.

(13)  To exercise the following functions within their area:-

(a)  the Council’s functions in relation to the survey, definition, 

maintenance, diversion, stopping up and creation of public rights of way.

(b)  the Council’s functions as the Commons Registration Authority for common land and town/village greens in Northumberland.

(c)  the Council’s functions in relation to the preparation and maintenance of the Rights of Way  ...  view the full agenda text for item 18.

The Membership and Terms of Reference, as agreed by Council at the meeting on 4 May 2022, had been circulated for information.

RESOLVED that the that the Local Area Council’s membership and terms of reference, as agreed by Council on 4 May 2022, be noted.

Apologies for absence were received from Councillors Fairless-Aitken and Riddle.

Minutes of the meeting of the Tynedale Local Area Council, held on 10 May 2022, as circulated, to be confirmed as a true record, and signed by the Chair.

Minute No. 5

21/03959/FUL

Resubmission: Erection of rural worker's dwelling

Land South of Woodside Cottage, Bardon Mill, Northumberland

The typographical error in the first paragraph on page 4 should be amended to read “Mr Furlong, the applicant….” to replace the reference to Mr Ferguson.

It was noted that there had been a lengthy agenda at the previous meeting which had resulted in some attendees being unable to use public transport to return home.  The Chair agreed that the number of agenda items at future meetings would be carefully monitored.

RESOLVED that the minutes of the meeting of Tynedale Local Area Council held on 10 May 2022, as circulated, be confirmed as a true record and signed by the Chair, subject to the above amendment.

Unless already entered in the Council’s Register of Members’ interests, members are required?where a matter arises at a meeting;?

a.       Which?directly relates to?Disclosable Pecuniary Interest (‘DPI’) as set out in Appendix B, Table 1 of the Code of Conduct, to disclose the interest, not participate in any discussion or vote and not to remain in room. Where members have a DPI or if the matter concerns an executive function and is being considered by a Cabinet Member with a DPI they must notify the Monitoring Officer and arrange for somebody else to deal with the matter.

b.       Which?directly relates to?the financial interest or well being of a Other Registrable Interest as set out in Appendix B, Table 2 of the Code of Conduct to disclose the interest and only speak on the matter if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion? or vote on the matter and must not remain the room.

c.       Which?directly relates to?their financial interest or well-being? (and is not? DPI) or the financial well being of a relative or close associate, to declare the interest and members may only speak on the matter if members of the public are also allowed to speak. Otherwise, the member must not take part in discussion or vote on the matter and must leave the room.

d.       Which?affects?the financial well-being of the member, a relative or close associate or a body included under the Other Registrable Interests column in Table 2, to disclose the interest and apply the test set out at paragraph 9 of Appendix B before deciding whether they may remain in the meeting.

e.       Where Members have or a Cabinet Member has an Other Registerable Interest or Non Registerable Interest in a matter being considered in exercise of their executive function, they must notify the Monitoring Officer and arrange for somebody else to deal with it.?

NB Any member needing clarification must contact monitoringofficer@northumberland.gov.uk. ?Members are referred to the Code of Conduct which contains the matters above in full. ?Please refer to the guidance on disclosures at the rear of this agenda letter.

Councillor Sharp declared an interest in agenda item no. 6 ‘Review of the Definitive Map and Statement?of Public Rights of Way, Alleged Restricted Byway No. 62, Parish of West Allen’ as he was employed by the company who represented the landowner, and would leave the room whilst the item was discussed.

Councillor Cessford then vacated the Chair, for Planning Vice-Chair Councillor Scott to chair the development control section of the agenda, as was the arrangement for all Local Area Councils.

It was confirmed that as Councillors Kennedy, Oliver and Stewart had arrived after the presentation had commenced on the following item, they would not be able to participate in the decision.

The Local Area Council is asked to give consideration to all the relevant evidence gathered in support and rebuttal of the existence of restricted byway rights over a route (the majority of which is identified as the U7044 road on the Council’s List of Streets) from the B6318 road, south-west of Housesteads, in a general northerly then north-easterly direction to a point south-east of East Hotbank.

Alex Bell, Definitive Map Officer, introduced the report in which the Local Area Council was asked to give consideration to all the relevant evidence gathered in support and rebuttal of the existence of restricted byway rights over a route (the majority of which is identified as the U7044 road on the Council’s List of Streets) from the B6318 road, south-west of Housesteads, in a general northerly then north-easterly direction to a point south-east of East Hotbank.  (A copy of the report is enclosed with the minutes).

A detailed presentation was given which summarised the evidence.

The following information was provided in response to questions:

·        The majority of the land was owned by the National Trust who had not responded to the consultation.

·        Gates should not be locked on routes where there was a public right of way but was likely to be in response to unauthorised use by motor vehicles.  Following determination of the process, this would be revisited by officers.

·        There was an unofficial diversion near point P through a field gate which officers hoped would be resolved with a pragmatic and sensible approach.

·        Further investigations would be held in due course when resources permitted eastwards and northwards of point Q.  It had been more of a priority to resolve the status of this section of the route due to the use by unauthorised motor vehicles.  Under the NERC Act 2006, private motor vehicular rights would be retained for those requiring it at East Hotbank.

·        The Definitive Map and Statement of Public Rights of Way makes no reference to maintenance of roads, this was the function of the Council’s List of Streets.  Responsibility for road maintenance had been passed to the County Council from rural district councils by the Local Government Act 1929.

Councillor Sharp moved acceptance of the recommendations set out in the report which was seconded by Councillor Morphet.

Upon being put to the vote 8 members voted in favour.

RESOLVED that the Local Area Council agreed that:

i)        There is sufficient evidence to indicate that public vehicular rights have been reasonably alleged to exist over the route S-X-R-P-Q.

ii)      The Natural Environment and Rural Communities Act 2006 would appear to have extinguished the public’s motorised vehicular rights over the S-X part of the route.

iii)     By virtue of common law (Kotegaonkar v. SoS for EFRA [1021]) the public’s motorised vehicular rights would also appear to have been extinguished over the X-R-P-Q part of the route.

iv)     The whole route be included in a future Definitive Map Modification Order as a restricted byway.

Councillor Sharp, having previously declared an interest in the following item, left the meeting.

The Local Area Council is asked to give consideration to all the relevant evidence gathered in support and rebuttal of the existence of restricted byway rights over the route of existing Public Footpath No. 26, from the Cumbria County boundary at Blacklaw Cross, in a general northerly direction, to existing Byway Open to All Traffic No. 37, at Keirsleywell Bank.

Alex Bell, Definitive Map Officer, introduced the report in which the Local Area Council was asked to give consideration to all the relevant evidence gathered in support and rebuttal of the existence of restricted byway rights over the route of existing Public Footpath No. 26, from the Cumbria County boundary at Blacklaw Cross, in a general northerly direction, to existing Byway Open to All Traffic No. 37, at Keirsleywell Bank.  (A copy of the report is enclosed with the minutes).

The Definitive Map Officer gave a detailed summary of the background which included appeals for two previous applications over the status of the route and outlined the additional evidence which had been submitted with this application.

He provided the following information in response to questions from Members:

·        Whilst it could sometimes be inferred that a route would cross county boundaries with the same status, the evidence did not suggest that this was the position in this case.

·        A decision needed to be made on the evidence provided to the committee. If the application was rejected this could be subject of an appeal to the Secretary of State by the applicant.  If the route is included in a future Definitive Map Modification Order (whether as either restricted byway, or bridleway) either the landowner or the applicant could object, which would lead to the Order and the objections being submitted to the Secretary of State for determination.

·        The position of bridleway had not been addressed by the Rights of Way Inspectors in either of the previous decisions in 2004 or 2018.

Councillor Hutchinson moved acceptance of the recommendation set out in the report which was seconded by Councillor Horncastle.

Upon being put to the vote 10 members voted in favour.

RESOLVED that the Local Area Council agreed that:

i)        There is still insufficient evidence to indicate, on a balance of probabilities, that public vehicular rights have been shown to exist over the route A-B.

ii)      There is sufficient evidence to indicate, on a balance of probabilities, that public bridleway rights have been shown to exist over the route A-B.

iii)     The route be included in a future Definitive Map Modification Order as a public bridleway.

On the conclusion of the Rights of Way business Councillor Scott vacated the Chair.  Councillor Cessford returned to the Chair for the remainder of the meeting.

The next meeting will be held on Tuesday, 12 July 2022.

The next meeting would be held on Tuesday 12 July 2022 at 4.00 p.m.