We are writing to you in your capacity as a representative for the Bacton Parish Council.

Transcription

1 Eni House 10 Ebury Bridge Road London SW1W 8PZ United Kingdom Tel: +44 (0) Fax: +44 (0) By letter and clerk(s)bactonandedinqthorpe.co.uk Elaine Pugh Clerk to the Council Bacton Parish Council Raynham House 10 New Road North Walsham Norfolk NR28 9DF Registered Office CMS Cameron McKenna 6 Queens Road Aberdeen AB15 4ZT Scotland Registered in Scotland (Company number SC090159) Ref. No November 2011 Dear Ms Pugh Highways Act - Section 119 Application We are writing to you in your capacity as a representative for the Bacton Parish Council. has today filed an application under section 119 of the Highways Act 1980 for a diversion of Paston Footpath No 5 ("PF5"). We enclose a copy of our application for your information. The application proposes to extinguish that portion of PF5 that runs direct from point A to Point E (see map attached to the application) and create another footpath running from Points A-B-C-D-E. We would therefore be grateful if you could write to at the following address, citing any reasons you may have to object to the proposed diversion. Nicholas Trevelyan Senior Legal Counsel Eni House 10 Ebury Bridge Road London SW1W 8PZ nick.trevelyan@eniuk.co.uk We would be grateful if you could confirm whether you have any objections or other comments on the application by Friday 9th December If you would prefer to speak to us by telephone, please contact Nick Trevelyan directly on Yours sincerely Nicholas Trevelyan Senior Legal Counsel J 1

2 NORFOLK COUNTY COUNCIL Highways Act Section 119 Application for a Public Path Diversion Order Section 1: Proposal To: Norfolk County Council, Martineau Lane, Norwich NR1 2SG. Applicant:, being a registered owner of the land known as the Eni Terminal at Paston Road, Bacton, Norfolk (the "Eni Terminal"). The Application hereby requests that the public footpath described in this application be diverted under section 119 of the Highways Act 1980 as follows: (a) Extinguishment: That section of Paston Footpath Number 5 running direct from Point A to Point E as further described in Section 3. (b) Creation: A new diverted is proposed be created running from Point A to Point B to Point C to Point D to Point E as further described in Section 3. Part of the proposed diversion lies on the land owned by SUSAN MARY CLABBON of Spriggate House, Bradfield Road Swafield, North Walsham, NR28 0 QTand PHILIP CLABBON of Hall Farm, Bacton Road, Paston, North Walsham, NR28 9TZ. The consent of the land-owners has been obtained as detailed in Section 6, below. The proposed diversion lies within the jurisdiction of the Paston Parish Council. Please direct any correspondence in relation to this application to: Nick Trevelyan Eni House 10 Ebury Bridge Road London SW1W 8PZ Telephone: nick.trevelyan(5)eniuk.co.uk J 1

3 Section 2 - Statement of Reasons 1. The existing path currently runs from point A to point E shown as a dotted line on the attached Map. More than 90 % of the footpath runs diagonally across a large arable field (the "Field") in a meandering fashion. Agricultural processes cannot conveniently avoid disturbing the footpath necessitating reinstatement works several times per year. The footpath stops at the Cliff edge. 2. The Eni Terminal form part of a group of gas reception, processing and transportation terminals at Bacton. The Department of Climate Change regards the Bacton terminals as having national importance to the United Kingdom's gas supplies. For this reason, the Department of Energy and Climate Change ("DECC") requires to maintain a specified level of perimeter security on the North, East and South boundaries. Specifications for the security fencing is maintained by the Centre of Protection of National Infrastructure ("CPNI"). The CPNI have recommended that the perimeter fencing be no less than 5 meters from any live gas equipment. 3. It would be time-consuming and expensive to relocate the fence-line to a position that does not cross Paston Footpath No 5. Furthermore, it is unlikely that this could be achieved whilst maintaining compliance with the perimeter security specifications of DECC and the CPNI due to the location of gas infrastructure within the Eni Terminal. 4. It is not practical to escort members of the public along the existing route of Paston Footpath No 5 that lies within the Eni Terminal. This would require creation of four securitycontrolled gates in the existing fence-line and would require additional security monitoring resources to maintain. It would also present an increased health and safety risk to escort members of the public through a live gas plant. 5. The proposed diverted route involves the creation of a footpath on flat tracks/grass. Whilst the diverted route increases the distance to the terminus of the footpath, the distance to the cliff-top remains approximately the same as the existing path. This new path is not subject to agricultural activity and will not be ploughed. The new path does not make it more difficult to reach the cliff or increase the length of access to the cliff edge to walkers. The new path will enhance the public enjoyment as a whole as it runs from Point D to Point E along the cliff-top. The diverted route proposed therefore does not present any inconvenience to the public. 6. This application does not propose to alter the terminus of Paston Footpath No It therefore in the interests of the owners of the Eni Terminal that Paston Footpath No 5 be diverted as proposed (refer to paragraphs 3 and 4). It is also in the interests of the owners of the Field as the path will not have to be reinstated after being ploughed. It is also in the interest of the public that Paston Footpath No 5 be diverted on grounds of safety and the enhanced views experienced between Points D and E. 8. The diverted route is not substantially less convenient to the public (refer to paragraphs 5) and does not alter the terminus of Paston Footpath No 5 (refer to paragraph 6) _1 2

4 9. It is therefore expedient to grant the proposed diversion order having regard to the effect that the diversion will have on the owners of the Eni Terminal, the owners of the Field and the enjoyment and safety of the public. Section 3 - Description of Footpath The existing Paston Footpath No 5 is shown on the attached map as a dashed line. The proposed diverted route is shown in a continuous blue line. PART A: Existing path to be extinguished. It is proposed to extinguish that portion of Paston Footpath No 5 starting at Point A and finishing at point E. From point A (TG ) the existing path runs cross field (the surface of which is disturbed by agricultural processes) in a north-easterly direction for approximately 775 metres until it meets the high security fencing at the Eni Terminal. The path continues in a north-easterly direction for approximately 30 metres, passing through the north-west edge of the Eni Terminal and is currently obstructed by two fences in four places. After passing through the Eni Terminal, the path reaches point E (TG ). PART B: Proposed diverted route. The proposed diversion commences at point A (TG ) on the attached map. The proposed path then runs in a northerly direction for approximately 700 metres as a 3 metre wide track to point B (TG ). From this point the path turns eastwards as a 2 metre wide grass path for approximately 210 meters to point C (TG ). From this point the path turns northwards as a 2 metre wide grass path for approximately 80 metres to the cliff-top at point D (TG ). At point D, the path turns south east to run along the exiting cliff-top path to Point E (TG ). The path then turns onto its existing alignment until it reaches the existing terminus of Paston Footpath No J 3

5 Section 4 - Declaration The County Council expects all landowners and occupiers to fulfil their normal statutory responsibilities for public rights of way over their entire holding. Whilst the following will not affect your rights to apply for a Public Path Diversion order, failure to comply with your statutory responsibilities for public rights of way may result in enforcement action or prosecution. We shall ensure that at all time throughout our holding(s): (a) All cross-field paths are free from crops and are reinstated to their statutory minimum width; (b) All headland paths are uncultivated and free from overhanging vegetation; and (c) Any structures unauthorised by the County Council, obstructions or misleading notices affecting the proposed public right of way will be removed by us or drawn to the attention of the County Council J 4

6 Section 5 -Details of Consultations A consultation process has recipients: Open Spaces Society Mr I M Witham The Hollies Church Lane Edingthorpe NORTH WALSHAM Norfolk NR28 9TJ commenced by sending a copy Ramblers' Association Mr I Mitchell The Ramblers' Association 5 Montcalm Road NORWICH Norfolk NR14HX this application to the following Paston Parish Council Mr M Campbell Clerk to Paston Parish Council Well Cottage 4 High Street Southrepps NORWICH Norfolk NR118AH Recipients of the consultation letters have been requested to send any objections or comments to the proposed diversion order to to be received before Friday 9 December If any consultee wishes to inspect the existing route and proposed diversion, this can be arranged by contacting either of: Mr Tony Lobban Nick Trevelyan Plant Manager Eni House Bacton Gas Terminal 10 Ebury Bridge Road Paston Road London Bacton, Norfolk SW1W 8PZ NR12 OJG Telephone: Tel: +44 (0) nick.trevelvan@eniuk.co.uk Fax: +44 (0) tonv.lobban(3>eniuk.co.uk J 5

7 Section 5 - Agreement I agree: (a) to reimburse the County Council any application fee or compensation which may become payable by the County Council to any third party whose interests may be adversely affected by the Order as set out in section 28 of the Highways Act 1980 as applied by section 121(2) of the same Act; (b) to reimburse the Country Council all expenses incurred by it in connection with the making of the Order, whether or not the Order is confirmed. Philip Hemmens Director Section 6 - Agreement of Landowners Part of the proposed diversion (from Point A to Point B) lies on the land owned by SUSAN MARY CLABBON of Spriggate House, Bradfield Road Swafield, North Walsham, NR28 0 QT and PHILIP CLABBON of Hall Farm, Bacton Road, Paston, North Walsham, NR28 9TZ. Both land owners have consented to this application as shown in the letter attached to this application _1 6

8 Proposed: Footpath No 5, Paston Scale 1:5000 Compiled by PAR on 17 July 2006 Norfolk County Council County.Hall Marllneau Lane Norwich NR1 2SG Tel: Fax: I" This map Is based upon Ordnance Survey material with the permission o{ Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction Infringes Crown Copyrfahl end may lead to prosecution or civil proceedings. Norfolk County Council. Licence No;

9 HOWES PERPVAL SOLICITORS The Guildyard, 51 Colegate Norwich, NR3 1DD DX 5280 Norwich Telephone N Trevelyan Esq Senior Legal Counsel Eni UK Limited Eni House 10 Ebury Bridge Road London SW1W8PZ OurRef : TJH/ Date : 4 November 2011 Dear Nick Footpath at Bacton You are making an application under s119 of the Highways Act 1980 to divert the footpath shown on the attached plan from its current route A-E to the proposed route A-B-C-D-E. I act on behalf of Mrs S Clabon and Mr P Clabon, the owners of the land at Bacton over which the current and proposed footpaths run. I confirm on behalf of my clients that they agree to your application to divert the pathfromits current route A-E on the attached plan, to the proposed route: A-B-C-D-E. For the avoidance of doubt, my clients do not agree to any application to open a new footpath along the route A-B-C-D-E whilst the footpath in its current route A-E also remains. If you need any further information, then please let me know. Kind regards Yours sincerely Tessa Haskey For and on behalf of Howes Percival LLP Direct Dial Fax : tessa.haskey@howespercival.com Enc. cc: Mr P Clabon; Mrs S Clabon LEICESTER LONDON MANCHESTER MILTON KEYNES NORTHAMPTON NORWICH Howes Pereival LLP is a limited liabwy partnership registered h England and Wales»*h registered number OC(322?81) INVQTOS IN PEOPLE and is authorised sod regiiatedby the Solicitors Regulation Authority. Trie term partner is used to reter to a member o< t (owes Perctvat LLP, or an employee or consultant with equivalent standing and qualifications. A fistof members' names is open 10 inspection at our registered office: Oxford House. Cliftonvilte. Northampton NN1 5PN

10 Tftls map r«based upon Ordnance Survey material wflh he peiwihslon of Ordnance Survey on behalf of Bw ContoBer of Her Majesty's Stalky Ofitoe Crown CorjyrSjhl Unauthorised reproduction Infringes Crown Copyrloht end may lead toprosecution OT<*/llproceedlno». Norft* County CouncB. Uoenca No;