Agenda item

Joint report of Corporate Director of Neighbourhoods and Climate Change and Corporate Director of Resources

The Committee received a joint report of the Corporate Director of Neighbourhoods and Climate Change and the Corporate Director of Resources to agree the proposal to re designate ‘Nanny Poes Lane ‘in Middlestone, to the Definitive Map and Statement of Public Rights of Way as Restricted Byway after further review of evidence (for copy see file of minutes).

M. Ogden, Access and Rights of Way Team Leader gave a detailed presentation which included the location of the proposal and photographs of the area. He explained than an application was submitted in September 2018 and initially the Highways Committee agreed to the making of a Draft Order confirming the route’s addition to the Definitive Map as a Bridleway. After a review of the evidence, prompted by an objection to a similar Order, it was decided to seek re-classification of this route as Restricted Byway.

Councillor Kay addressed the Committee as local member and noted that Nanny Poes lane was not an area that was well known by himself or the residents of Middlestone and that re designating the lane to restricted byway would have no impact on residents. He confirmed that he understood the change from a bridleway to restricted byway and was in full support of the officer’s recommendation.

Councillor Boyes noted that at a previous meeting of the Committee, members had already resolved the route as a bridleway and that re designating it to restricted byway was simply to allow the additional right for a carriage or other horse drawn vehicle. He asked whether there was a more efficient way to make administrative changes to the Definitive Map.

Senior Lawyer Regulatory and Enforcement C. Cuskin appreciated Councillor Boyes frustration but clarified that such decisions could not be made without the approval of the Committee, however she agreed to feed this back to the constitutional working group. 

Councillor Sterling referred to the improvement works that were necessary to develop the lane to restricted byway standard and asked if the costs associated with these works were known. The Access and Rights of Way Team Leader explained that to develop the lane to a restricted byway would incur a cost to the Local Authority in addition to long term maintenance. He advised that the costs at this stage were not known but that this was unavoidable and not material to the decision. Councillor Sterling stated it would be helpful to know the cumulative impact if a high volume of these applications were to be received.

With regards to the process for making changes to the Definitive Map, Councillor Tinsley asked what would happen if the Committee did not approve the proposal. The Access and Rights of Way Team Leader explained that an Order would have to be made for a bridleway, which would then lead to an objection and a request to the Secretary of State to amend the status, but that the process for this would be lengthy and would absorb a considerable amount of officer’s time.

Councillor Tinsley agreed to move the proposal in line with the officer’s recommendation and this was seconded by Councillor Wood.

Councillor Ormerod stated that in his opinion the countryside should be as accessible as possible and that the recommendation to change Nanny Poes lane to restricted byway did slightly improve this.

Resolved

That a Definitive Map Modification Order for the addition to the Definitive Map & Statement of a Restricted Byway between points A & B on the plan (Document A), known as Nanny Poes Lane, under the provisions of section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, be approved and that the Corporate Director of Resources be informed accordingly.