In accordance with the Council’s Constitution, questions to this Committee must be received in writing 4 working days before the date of the meeting. Therefore please ensure questions are received by the Democratic Services Team by 5pm on Wednesday 26th October 2011.
Minutes:
(1) From Nigel McInery, Camden Park Road, Chislehurst
Please confirm that pursuant to correspondence between the solicitors acting for Camden Park Estate Limited and the Legal Democratic and Customer Services Department of the London Borough of Bromley (in particular our solicitors’ letter of 16th November 2010 to the council, the council’s response of 22nd December 2010 and the council’s further letter to our solicitors of 9thMay 2011) that the Minutes of the Sub Committee meeting held on 1st September 2010 be amended and corrected by adding the following statement:-
By way of correction it is to be noted that the minutes of the Rights of Way Sub Committee held on 5th January 2010 as are set out at point 4 of the Minutes of that Sub Committee held on 1st September 2010, are incorrect in that they stated that the correspondence with the solicitors acting for Camden Park Estate limited had ended on January 2008. Correspondence with the solicitors acting for Camden Park Estate Limited in fact continued into February 2008 when those solicitors wrote to the council on 7th February 2008 raising a number of points to which Tony Tompkins, on behalf of the council, responded by way of letter on 12th February 2008 acknowledging receipt of the solicitors’ letter and stating that he was taking further instructions and would then write again in due course. No further letters were sent by the council to the solicitors acting for Camden Park Estate Limited pursuant to the said letter from Mr Tompkins of 12th February 2008, notwithstanding the fact that the solicitors sent two further letters dated 19th March 2008 and 22nd May 2008 chasing a reply.
Reply:
The point you make can be addressed by adding the following clarification to the end of minute 4 from the meeting on 1st September 2010, and I will ask the Sub-Committee whether they will accept this change when we reach the confirmation of the minutes on our agenda.
“Note: It was subsequently confirmed that solicitors acting for Camden Park Estate Limited had written to the Council on 7th February 2008, and that the Council had acknowledged receipt of this on 12th February 2008 in a letter from Mr Tony Tompkins in which he said that he was taking further instructions. Two further letters had been sent by the solicitors on 19th March and 22nd May 2008, but no replies had been sent.”
As a supplementary question, Mr McInery queried why the amended wording did not follow the precise wording given in earlier correspondence. In response the Council’s legal advisor confirmed that the wording now proposed did in his opinion address the concerns that had been raised.
(2) From Ed FitzGerald, Camden Park Road, Chislehurst
With reference to the second resolution contained in point 6 of the Minutes of the meeting held by the Rights of Way Sub Committee on 1st September 2010 would the council please confirm that it has noted or will have noted on its records and in the Minutes of this meeting that Camden Park Estate Limited does not accept the proposed entry in the council’s non statutory list that Camden Park Road is an unadopted highway and that it is the view of the company that the road should be listed as an unadopted highway with pedestrian rights of access only as confirmed by David Bartlett Chief Executive of Bromley Council in a letter to Mr W Hucklesby dated 30th July 2001 (the then chair of Camden Park Estate Ltd)?
Reply:
The Sub Committee agreed on 1 September 2010 that the entry for Camden Park Road in the Council’s non-statutory list of un-adopted highways should be described as
“ a highway restricted to footway rights running along the south side of Camden Park Road between the kerb line and street boundary and crossing Camden Park Road to join Footpath 41 on the other side, as shown along the route A to B in drawing EHP/9808/01 as circulated to the Rights of Way Sub-Committee for its meeting on 27 April 2005”
This description is entirely consistent with the description of Camden Park Road in the Council’s street register as described in the then Chief Executive of LBB, David Bartlett’s letter to Sir William Hucklesby of 30 July 2001.
Further, it is important that the description of the pedestrian highway running along Camden Park Road continues to be correctly recorded as described in drawing EHP/9808/01 as is shown in the description as agreed by the Sub-Committee on 27 April 2005.
Mr FitzGerald did not have a supplementary question.