PAPER M

MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 21 DECEMBER 2001 COMMENCING AT 10 AM

Present :

Miss H L Humby (Chairman), Mrs B E Foster, Mr R G Mazillius

Also Present (non - voting) :

Mr C Richards

16. DECLARATIONS OF INTEREST

There were no declarations received at this stage.

17. PUBLIC FOOTPATH C2 GOTTEN MANOR, CHALE

The Committee gave consideration to the Council’s decisions that had been taken on 19 December 1996 and 10 June 1998 which diverted Footpath C2 and Bridleway C3 at Gotten Manor and Hawthorn Manor Farm, Chale. Members were reminded that in November 1999 the Orders were confirmed by the Secretary of State.

After the Orders were confirmed the Council received representations from the owner of Hawthorn Manor Farm, the Ramblers’ Association, Chale Parish Council and others that the new route of Footpath C2 was substantially less convenient than the old one and that it should be returned to its original route. A particular complaint had been made that disabled persons who could previously use Footpath C2 could no longer do so because of the increased gradient and extra length. Some of those who had made representations, in particular Chale Parish Council, also wanted the Bridleway C3 returned to its original route on the grounds that the diversion was unsafe for riders. Members were advised that these issues were fully considered by the Inspector at the public inquiry. It was also known that the owner of Gotten Manor would object to further diversion orders affecting his property, in which case another public inquiry or hearing would need to be held. Members were informed that the local member wished matters to remain as they were.

The Committee was advised of the financial costs involved of diverting the footpath and bridleway to its original route and were informed that the Council would have to pay the costs of any public inquiry that would follow from this.

Members believed that no new evidence had been submitted since the public inquiry that would warrant the footpath or bridleway to be diverted to its original route. However members were keen that the surface of the footpath and bridleway be improved where feasible in order to make the area accessible to as many people as possible.

RESOLVED :

THAT footpath C2 and Bridleway C3 be left where they were and the surface improved where possible.

18. EXCLUSION OF PUBLIC AND PRESS

RESOLVED :

THAT under Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business, namely Minute number 19 on the grounds that there is likely to be disclosure of exempt information as defined in paragraphs 5 and 7 of Part 1 of Schedule 12A of the Act.

19. BUSINESS RATES HARDSHIP RELIEF

The Strategic Director of Finance and Information advised the Committee that the Council were permitted to grant relief on the grounds of hardship and outlined the circumstances which were required to be shown. The Committee considered each application in turn.

(a) 50328721

The Committee believed that insufficient evidence had been given to establish hardship but indicated if further evidence was supplied the matter could be re-considered.

RESOLVED :

THAT relief on grounds of hardship should not be given.

(b) 50403621

The Committee believed that insufficient evidence had been given to establish hardship as no comparable figures had been submitted.

RESOLVED :

THAT relief on grounds of hardship should not be given.

The Committee believed that as insufficient evidence had not been given they were unable to establish whether hardship had been caused by foot and mouth disease or by other factors.

RESOLVED :

THAT relief on grounds of hardship should not be given.

CHAIRMAN

MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 25 JANUARY 2002 COMMENCING AT 10.00 AM

Present :

Miss H L Humby (Chairman), Mrs T M Butchers, Mr A A Taylor

Also Present :

Mr M J Cunningham, Mr J F Howe, Mr A F Tiltman

20. DECLARATIONS OF INTEREST

There were no declarations received at this stage.

21. OBJECTIONS TO TRAFFIC ORDERS - THE ISLE OF WIGHT COUNCIL (HIGH STREET, NEWPORT, IW) (EXPERIMENTAL PROHIBITION OF DRIVING) ORDER NO 1 2002; THE ISLE OF WIGHT COUNCIL (ST THOMAS’ SQUARE, NEWPORT, IW AND ST JAMES’ SQUARE, NEWPORT, IW) (EXPERIMENTAL PROHIBITION OF DRIVING) ORDER NO 1 2002

Consideration was given to the two experimental traffic regulation Orders advertised in connection with the relocation of Newport’s Tuesday Market to the town centre. One Order would prohibit vehicles from using part of the High Street between St. James’ Square and Holyrood Street during the period 7am to 4pm on Tuesdays. There would be an exemption for buses operating scheduled services. Modifications to the current Order covering St. James’ and St. Thomas’ Squares was also proposed to enable the market traders to set up and take down their stalls. Diversion signs would be placed at appropriate junctions to take traffic away from the High Street.

It was intended that the market would be for an initial 13 week period but the experimental Orders were for a period of up to 18 months. Members were informed that the Highways Department had carried out a safety audit to ensure safe movement of vehicular and pedestrian traffic.

The local member addressed the Committee and spoke against the proposals as he remained concerned over safety issues. The adjoining member put forward concerns as to the siting of market stalls in the High Street. Southern Vectis outlined concerns as to the potential for conflict between pedestrians and the company’s vehicles which would still be operating in the High Street. The Police expressed concerns over the enforcement of parking restrictions to enable the market to be set up early on Tuesday mornings. The views of the Fire Service were also noted. In addition seven letters relating to proposed Order had been received and the main points were summarized to the Committee. Members were advised that as the Orders made on an experimental basis changes could be carried out without the need to formally re-advertise them.

RESOLVED :

THAT the Isle of Wight Council (High Street, Newport, IW) (Experimental Prohibition of Driving) Order No 1 2002 and the Isle of Wight Council (St Thomas’ Square, Newport, IW and St James’ Square, Newport, IW) (Experimental Prohibition of Driving) Order No 1 2002 be implemented as advertised.

CHAIRMAN