Closing this road 'sets a 'dangerous precedent about the importance of farming'
A planning inquiry is underway, following a decision to close a road to prevent anti-social offences like fly-tipping
A three-day planning inquiry is underway looking at stopping vehicles using Berkley Lane near Frome to prevent fly-tipping, littering and arson - but many locals want it to remain open.
The proposal has been met by opposition from neighbouring landowners, residents and others including the Country, Land and Business Association and Somerset's National Farmers' Union who worry access to a farm will be restricted - with some suggesting it could set a 'dangerous precedent' about the importance of farming and access, with a greater priority placed on fly-tipping concerns.
Residents of the nearby Pines Residential Park of 23 permanent traveller pitches also objected to the closure, saying previous closures had increased journey times, increased the risk of accidents, and left the community feeling more 'isolated and segregated' as well as increasing fly-tipping levels near to the Pines Park when the roads were closed.
The inquiry was told large 'rocks' to close the road could be moved or tampered with and £10,000 of damage to previous CCTV had been recorded, following previous attempts to reduce problems.
The inspector Mark Sturgess will undertake a site visit after the three-day inquiry has closed before giving a ruling.
Berkley Lane and Dark Lane, in the Parish of Berkley are said to 'have been associated with the district’s biggest fly tipping hotspot for many years' - costing the former Mendip District Council £64,346 in 'additional clearance' for 2015/16.
The inquiry was told that closures in 2016-2019 for periods of between 18 and 39 months saw a 60 per cent fall in fly-tipping. The inspector was also told when the lanes had to be 'temporarily opened' during those years there was an increase in fly-tipping and concerns from the local Parish of Berkley about speeding vehicles.
In February 2021 the former cabinet at Mendip District Council voted not to extend the closures but 'sought to recommend that the situation be reviewed to establish a long-term and sustainable solution as a priority'.
From the start of September 2020 to the end of the following month in October, the blocks were removed to allow for harvesting - which resulted in an increase in fly-tipping and 'a significant impact of vehicles using the lane at speed, caused significant concern to the parish'.
The report added: "Over the years both overt and covert observations and surveillance have been undertaken in the area. Although some offences have been captured on camera it has not been possible to identify those carrying out the fly-tipping in order that enforcement action can be undertaken.
"Attempts to prosecute offenders have been unsuccessful due to specific and robust court requirements as to evidence of any offending vehicle completing the tip. Also, the location and positioning of the lane and its surrounding landscape sees the application of “trap” cameras being very difficult to site.
"Despite the difficulties, cameras were deployed between 2015 and 2021, with many of those deployed being damaged or stolen."
In March 2021 a multi-agency working group recommended calling for a so-called 'Pedestrianisation Order' under section 249 of the Town and Country Planning Act.
A previous council report into the closures in 2017 and 2018 said: "The road closures have created a pleasant amenity for residents to enjoy, specifically by making walking, riding, and cycling safer, but also reducing fly tipping by between 80 and 90%. It has protected the countryside from unsightly and damaging environmental crime and resulted in a significant reduction in annual fly-tipping clearance costs."
It added: "Over the three-years prior to any road closure interventions the average cost of additional fly-tipping clearances was circa £50,000 per year. The average cost of additional fly-tipping clearance since the interventions excluding the part year of 2016/2017 has been approximately £8,500 so taking action has produced a saving of £41,500 per year. Should the council do nothing then based on previous history there will be increased costs of clearing the fly-tipping (2021/22 extrapolated to be £20,716).
"Previous CCTV implementation has cost approximately £10,000 (replace borrowed cameras that were damaged/stolen) and is hoped future investment in cameras would be under £5,000.
"This investment will be required to try and monitor this area in the absence of any road closures however there are no guarantees that this equipment would stay in situ, increasing the cost of trying to reduce rural crime in this area."
In opposition to the plans, one resident opposed the closure over concerns about increased traffic elsewhere, adding: "We also object on the grounds that the amenity of the area has improved in the last 12 months since Berkley Lane has re-opened to vehicles and fly tipping has reduced. We have not witnessed any issues with speeding and/or dangerous driving along these routes that make it dangerous for walkers, cyclists, horse riders etc."
Lydia Cox, the Somerset NFU county adviser wrote: "Due to the challenging nature of weather predictability, it is essential that farmers have unrestricted access to their agricultural property.
"There are often only short windows of fine weather to carry out field activities throughout the year, from drilling the seed, through to fertilising, spraying and then harvesting. Timeliness is essential in order to maximise the yield and quality.
"The farming community continues to face formidable challenges with increasing regulation, volatile markets and fluctuating farming returns. In response to these challenges, farmers have had to consider the resources available to them and look at ways of developing their businesses so that they can grow and remain competitive.
"This often includes the need for modernising the farm and ensuring that the land is able to be used to its full capability both for farming and the environment. Where road closures do take place, it is essential that farmers retain the legal right, as adjacent landowners, to use vehicles to be able to access their fields to carry out farming activities. Further, the need for continued access for particular purposes (which would certainly include for agriculture) is recognised within the legislation."
The Country Land and Business Association, which represents around 30,000 members in England and Wales, aslo opposed the road closure, warning: "The lanes that are earmarked for pedestrianisation represent an access link between two halves of a farming holding that is farmed as one business unit.
"If the roads were to be closed to vehicular traffic he would be forced to take a far longer diversion to access land in his ownership as well as his own home. It is our opinion that the previous public space protection order has not prevented fly tipping and littering in the area to such a degree that would warrant the draconian steps being proposed."
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