Rights of Way & Highway Licensing Panel
Thursday 8 September 2011 6.30 pm
RIGHTS OF WAY & HIGHWAY LICENSING PANEL
8 SEPTEMBER 2011
PRESENT: Councillors Stretton (Chairman), Mrs Hunt (Vice-Chair), Cox (sub for Story), Fido (sub for Penfold), Hendry (sub for J Evans), Ilyas and Muir.
Officers: Mr Hurst and Miss Leftwich.
PART I
01/11 APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors J Evans, Penfold and Story.
02/11 DECLARATIONS OF INTEREST
- None were received.
03/11 MINUTES
The Part I minutes from the meeting held on the 4 April 2011 were agreed as a correct record.
The Vice-Chair thanked the legal officers and Rights of Way team for their presence at the last meeting.
04/11 PUBLIC RIGHTS OF WAY: 6-MONTHLY PROGRESS REPORT
The Principal Rights of Way Officer explained to Members that the report updated the progress made with regard to Public Rights of Way issues during the six months from February to August 2011.
Members raised and noted the following points:
- · Approximately 45 enforcement problems had been closed during the period from 01 February to 01 August 2011, and approximately 28 new problems had been reported during that period.
· On the 01 August there were 183 outstanding enforcement problems recorded on the rights of way database, 17 fewer than on the 01 February when there were 200 problems recorded.
· A total of 304 maintenance and enforcement problems were outstanding on the 31 July 2011.
· Approximately 69 maintenance problems had been resolved during the period from 01 February to 01 August 2011, and approximately 45 new maintenance problems were reported during that period. An example was given of a project that had been completed over the reported period which was the Community Payback project. Members were informed that a work team provided by the Probation Service ‘unpaid work in the community’ project carried out path clearance work on a number of public footpaths in Bray Parish over two days in early August. Members noted that the Health and Safety issues were discussed at a preliminary meeting and the training and tools were provided by the Probation Service. It was noted that it was intended that similar work days would be arranged on other public rights of way in the borough in the future.
· Members were informed that local volunteers from the East Berks Ramblers (EBR) carried out regular inspections of the public rights of way network, based on a rolling programme of surveys in Spring and Autumn each year. It was noted that these inspections provided the Rights of Way officers with valuable information by helping to identify problems on the ground, or areas where there might be scope for improvements.
· Members were informed that a Definitive Map Modification Order for the Shottesbrooke claimed footpath 501 (Pundles Lane) had been refused by the Council in February 2010. It was noted that the claimed footpath ran from Shottesbrooke Footpath 12 to Waltham St Lawrence Footpath 38. It was noted that the applicant had appealed against the Council’s refusal of the claim, and the case had been referred to the Planning Inspectorate (PINS), who deal with rights of way appeals on behalf of the Secretary of State for Environment, Food and Rural Affairs. PINS had decided that an Order should be made, and the landowner would then have a 42 day period in which to object, and if objections are received the Order will need to be referred back to PINS for a decision.
· Members were informed that a Definitive Map Modification Order application for the White Waltham claimed footpath 201 (land at Ffiennes Farm, Littlewick Green) which had been received in August 2008 had been determined in July 2010. It was noted that objections had been received to the Order and the case had been referred to the Planning Inspectorate. Members noted that a public enquiry into the Order had been scheduled for 06 and 07 March 2012.
· Members were informed that five Definitive Map Modification Order applications had been received in June 2009 for footpaths crossing land at Thamesfield, north of Wharf Road, Wraysbury and that a Village Green application had also been received for the land crossed by the claimed footpaths. Members noted that the Village Green application was being processed first before the footpath claims were investigated further.
· Members were informed that on the 11 May 2011 a Diversion Order was made to divert part of Waltham St. Lawrence Footpath 25. Members were informed that the Order involved diverting the legal line of the footpath to follow the line already used by the public and would include surface improvements and the removal of a step-stile which could cause access difficulties for some path users. It was noted that no objections had been received to the Order during the statutory consultation period and the order would therefore be confirmed and the access improvements implemented.
· The Principal Rights of Way Officer explained that the Royal Borough continued to operate the Parish Paths Initiative (PPI) and that all parish and town councils in the borough were now members of the scheme. Members noted discussions were currently underway with a number of parishes concerning potential projects to be carried out later on in the year.
· Members were informed that major surface improvements had been carried out on the section of the Thames Path between Windsor and Dorney, and on the Green Way through Bray Wick Park, to enable improved access for walkers and cyclists visiting Eton-Dorney Lake for the London 2012 Olympic and Paralympic Games. Members noted that the works had been funded by a grant of £200,000 from the Olympic Delivery Authority as part of a partnership project between the Royal Borough, Buckinghamshire County Council, Slough Borough Council and SUSTRANS covering a network of paths that provided links to the Games venue.
· The Principal Rights of Way Officer explained that one of the priorities set out in the ‘Milestones Statement 2011/12’ approved by the Rights of Way and Highway Licensing Panel in March 2010 was to ‘Seek to complete the missing links in the Millennium Walk’. Members were informed that a funding contribution of £50,000 toward the cost of creating a new footpath in relation to the missing link between Lower Cookham Road and the Thames Path National Trail had been secured through a S.106 Planning Agreement. However, it was noted that this funding would not become available until the development had commenced. It was noted that with regard to the missing link between Hurley Footpath 18 and Bisham Footpath 20 (Speen Hill) a permitted path agreement had been negotiated between the Berkshire College of Agriculture and East Berks Ramblers for a new permitted footpath, and the path is to be opened later in the year.
· The Principal Rights of Way Officer explained that the Public Rights of Way Improvement Plan 2005-2015 could be found on the Council’s website.
· Members noted that the Local Access Forum last met on the 05 July 2011.
RESOLVED:
(i) That the Panel noted the Public Rights of Way 6-monthly Progress Report.
- The Vice-Chair, on behalf of the Panel, thanked the Principal Rights of Way Officer and his team for all their hard work and dedication over the past six months which the Chairman echoed. Councillor Mrs Hunt explained that she had been very pleased to see the number of outstanding issues reduced within the past three years which she felt was commendable to the officers concerned especially due to the reduction in staffing levels. The Chairman went onto thank the East Berkshire Ramblers for their hard work and dedication over the past six months and for attending the Panel meetings. It was noted that Members recognised both these important roles and appreciated how well the two organisations worked together.
Bisham to Temple Mill Island Access
- The Chairman explained that two and a half weeks ago residents who lived in five cottages in Bisham had decided that they did not want to be disturbed any longer by walkers and cyclists and therefore constructed two electric gates which obstructed the rights of way. Members were informed that after looking at the gates the Rights of Way Officers had decided that the gates were blocking the right of way and had given them a deadline of the 23 September to remove the gates. Margaret Bowdery of the East Berkshire Ramblers explained that she had visited the site after hearing a compliant and was not very pleased about the installation of the gates. The Vice-Chair informed everyone present that the Royal Borough was opposed to blocking public rights of way and highways. The Chairman explained that a further update would be provided at a future meeting.
06/11 DATES OF FUTURE MEETINGS
Thursday 8 December 2011 at 6.30pm in the Council Chamber, Town Hall, Maidenhead.
07/11 MEETING
- The meeting, which began at 6.30pm, ended at 7.02pm.