Rights of Way & Highway Licensing Panel
Monday 12 March 2012 6.30 pm
RIGHTS OF WAY & HIGHWAY LICENSING PANEL
12 MARCH 2012
PRESENT: Councillors Hendry (sub for J Stretton), Hunt (Vice-Chair in the Chair), Ilyas, Muir, Penfold, Sharma (sub for J Evans) and Story.
Officers: Anthony Hurst and Tanya Leftwich.
Also present: Margaret Bowdery and Kath Cutting (East Berks Ramblers).
PART I
09/11 APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors J Stretton and J Evans.
- It was noted that the Vice-Chair Councillor Hunt would Chair the meeting in Councillor J Stretton’s absence.
10/11 DECLARATIONS OF INTEREST
- None were received.
11/11 MINUTES
The Part I minutes from the meeting held on the 8 September 2011 were agreed as a correct record.
12/11 PUBLIC RIGHTS OF WAY: MILESTONE STATEMENT 2012/13
The Principal Rights of Way Officer explained to Members that the report sought the Panel’s approval for the “Milestones Statement and Public Rights of Way Improvement Plan Annual Review 2012/13” which set out the Council’s objectives, priorities, targets and service standards for public rights of way work in the coming year.
Members were informed the following:
- v The approved capital budget for public rights of way works in 2012/13 was £61,000 which was a slight increase on last year.
v The approved revenue budget for public rights of way work in 2012/13 was £47,000 which was a slight increase on last year.
v The Rights of Way Team consisted of two full-time and one part-time rights of way officers. Support was also offered to the team by Legal Services and Democratic Services.
v During 2011/12, volunteers from the British Trust for Conservation Volunteers (BTCV) and the Windsor and Maidenhead Conservation Volunteers (WMCV) had carried out seven work days on public rights of way in the borough attended by a total of fifty-seven volunteers, and volunteers from the East Berks Ramblers had undertaken 369.5 hours of work, including path surveys and practical works.
v The reported maintenance and enforcement problems on public rights of way in the Borough as of the 31 January 2012 totalled 259 issues (a reduction from the 304 issues six-months previously).
v A new priority for 2012/13 was to encourage and support the involvement of volunteers in the maintenance and improvement of public rights of way.
v That the organisations listed on page 17 of the agenda, including the Local Access Forum who endorsed the targets, priorities and service standards on the 13 December 2011, were consulted on the 2012/13 Milestones Statement. It was noted that the Cookham Parish Council had submitted the following comment “To amend bullet point three of the Priorities concerning the Thames Path National Trail to: ‘Ensure that the Thames Path National Trail is consistently safe and easy to use by all members of the public, and make it a riverside route throughout the borough.”
- The Principal Rights of Way Officer explained that the Panel could choose to add the additional underlined wording as suggested by the Parish Council but that they should be mindful that there were very significant constraints to the achievement of a continuous riverside route. Members were informed that ever since the Thames Path was created as a National Trail in 1989 there had been some sections of the Trail where there was no legal public right of access along the river frontage, and therefore in these locations the Trail detoured away from the river. The Principal Rights of Way Officer went onto explain that in the Royal Borough there were four sections of the National Trail where the footpath did not directly follow the riverbank: a short section to the north of Bridge Gardens at Ray Mead Road in Maidenhead, a short section to the west of Windsor Bridge at Eton near to the Brocas, and two much longer detours away from the river at Cookham, where the Trail took a lengthy detour through Cookham village and along Mill Lane, and at Home Park in Windsor where the Trail detoured around the private part of the Park and passed through Datchet along Windsor Road.
In the ensuing discussion the following points were noted:
- v The Milestones Target WM 2 refers to 10 major surface improvements or vegetation clearance projects, this excludes routine maintenance work which was undertaken on many more paths across the borough on a programmed works basis.
v There were approximately 300 kilometres of rights of way in the Royal Borough.
v There were approximately 140-150 bridges in the Royal Borough which were prioritised and inspected on a rolling programme.
v The Principal Rights of Way Officer informed Members that the increase to the capital budget in comparison to 2011/12 would enable increased work to help reduce the backlog of outstanding problems on rights of way this year.
v It was noted that Cookham and Old Windsor Parish Councils had undertaken some path clearance work in their areas. The Principal Rights of Way Officer explained that he was keen to encourage other Parish Councils to get more involved and that delegation of path clearance was one of the services offered to Parish Councils under the “Big Society” banner. To date some expressions of interest had been received.
v Members were informed that Cookham and Old Windsor Parish Councils received a small grant each year of between £600 - £1000 in order to assist them in undertaking the work. It was noted that the Rights of Way Team was also able to provide maps, advice and tools if required.
v Members informed the Principal Rights of Way Officer that they believed incentives were required in order to attract Parish Councils to undertake some of the work and suggested offering free tickets to the leisure centres within the Royal Borough.
v The Principal Rights of Way Officer explained that with regard to health and safety and insurance cover, if Parish Councils were undertaking work on behalf of the Council then they would be covered.
v Members were informed that with regards to the river Thames whilst the Environment Agency was responsible for the channel of the river, the Council was responsible for the riverbank on those sections where footpaths ran alongside the river.
v The Chairman explained that there were currently 35 outstanding fence encroachments, which was the same figure as last years, and requested that some of the older issues remained open but not included in future reports. The Principal Rights of Way Officer informed Members that the Rights of Way database records some issues going back over twenty years but that the Ramblers volunteers had assisted the Rights of Way Team in physically checking the outstanding issues where possible, and the ones listed in the report were the ones believed to still be outstanding.
The Chairman suggested that the Panel considered whether the targets set for 2012/13 were felt appropriate and achievable compared to last years figures.
RESOLVED: Unanimously that;
- (i) The Panel approved the “Milestone Statement and Public Rights of Way Improvement Plan Annual Review 2012/13”.
(ii) Bullet point three of the Priorities concerning the Thames Path National Trail to: ‘Ensure that the Thames Path National Trail is consistently safe and easy to use by all members of the public, and make it a riverside route throughout the borough” not be amended at the present time and the Principal Rights of Way Officer outline estimated costs that could be incurred if the path were to be re-routed to follow the river.
(iii) A “cold cases” file be created for the list of claimed paths submitted to the Berkshire County Council by the Ramblers Association in 1977, and also for old or lower priority issues, and that the Principal Rights of Way Officer bring back a report to a future Panel with the “cold cases” separated out from the current or live cases.
The Chairman invited Mrs Bowdery to address the Panel on this item for her allocated 3 minutes. Mrs Bowdery informed the Panel that the Civic Society and East Berks Ramblers were holding a ceremony to celebrate the opening of the missing link in the Millennium Walk between Hurley Footpath 18 and Bisham Footpath 20 (Speen Hill) at midday on Saturday 12 May, at Temple Golf Club on Henley Road. Members were informed that further details of the event would be circulated to them, once available, in advance of the opening. Mrs Bowdery went onto explain that if Members did not want to take advantage of the 3.5 mile walk they would still be able to enjoy the spectacular views. Mrs Bowdery informed the Panel that the Ramblers were also publishing a brochure which was aimed at both road users and walkers and hoped to encourage people away from the busy main roads. Members were informed that it had taken thirty-two years to achieve safe routes and that to date eight major safe routes had been achieved for walkers.
Mrs Bowdery thanked Members for the S106 money that had been allocated to waymarking the Boundary Walk project which she believed needed and deserved to be promoted. Members were informed that a special waymarking sign had been designed and that the Ramblers volunteers were undertaking the work to install the signs.
The Chairman thanked the East Berks Ramblers for all their hard work and assured Mrs Bowdery that she would be at the opening event on the 12 May and hoped that her fellow Members would also attend.
The Principal Rights of Way Officer showed Members some photos of resolved access improvements which included the Green Way at Cookham footpath 48 where a ramp had been added, Hurley footpath 63 where tarmacadam had been laid and Bray footpath 53 where a style had been replaced by a swing gate.
- · The total number of outstanding reported problems on the Public Rights of Way Network had been reduced from 304 to 259 during the six month reporting period.
· 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 applicant had appealed against the Council’s refusal of the claim, and the case had been referred to the Planning Inspectorate who had allowed the appeal and as a result the Order had been published in November 2011. Members were informed that objections had been received and the Order was to be referred back to the Planning Inspectorate for a decision on whether or not the Order was confirmed, with the Council adopting a neutral stance. The case would then be determined by either a Public Enquiry, a hearing or written representations.
· Members were informed that a Definitive Map Modification Order application for the White Waltham claimed footpath 501 (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 taken place on the 06 and 07 March 2012 but that due to the number of speakers an additional two days had been scheduled to start on the 24 April 2012. It was noted that an update on the Inspectors decision would be provided at the next meeting.
· 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 2011 was to ‘Seek to complete the missing links in the Millennium Walk’. Members were informed that discussions were continuing with the landowners and the Environment Agency on a proposal to create a new public footpath from Lower Cookham Road to the Thames Path via a bridge across the White Brook. The Principal Rights of Way Officer explained that as well as filling a “missing link” in the Millennium Walk this footpath would provide a useful new link to the Thames Path and a link in various circular routes based around the Thames Path and the Green Way. 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 completed between the Berkshire College of Agriculture and East Berks Ramblers for a new permitted footpath across land owned by the College, emerging onto Henley Road opposite an existing footpath across Temple Golf Course. Members were informed that the new footpath had been opened in January 2012, following the completion of road safety works at the crossing point on Henley Road and associated signage and road markings, and a formal ceremony to be held on 12 May 2012.
· Councillor Penfold informed Members that at the last Windsor Town Forum in early February the Chairman, Councillor T Bursnall, had explained that the Council was in a position to be able to spend some money on planting additional trees within the Borough. It was noted that if anyone knew of any footpaths that would benefit from additional trees, preferably hardwood trees, they should contact the Arboricultural Co-ordinator, Helen Leonard.
· Councillor Penfold went onto suggest that the Rights of Way Team engaged with young offenders in a positive way via community payback schemes in order to get some of the physical outstanding work achieved. The Principal Rights of Way Officer informed Members that his team had already used the Community Payback Service to clear some paths and planned to use this service again in the coming year. Councillors Henry, Sharma and the Chairman all confirmed that they had seen the Community Payback Schemes in action and had felt that they had made a good job of the work they had been assigned.
RESOLVED:
(i) That the Panel noted the Public Rights of Way 6-monthly Progress Report.
- The Chairman, 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 Panel echoed. The Chairman went onto thank the East Berkshire Ramblers for their hard work and dedication over the past six months and for regularly attending the Panel meetings. It was noted that Members recognised both these important roles and appreciated how well the two organisations worked together.
Tuesday 12 June 2012
Tuesday 4 September 2012
Monday 3 December 2012
Tuesday 12 March 2013
15/11 MEETING
- The meeting, which began at 6.30pm, ended at 7.20pm.