Meeting documents

Rights of Way & Highway Licensing Panel
Tuesday 12 March 2013 6.30 pm

RIGHTS OF WAY & HIGHWAY LICENSING PANEL

12 MARCH 2013


PRESENT: Councillors John Stretton (Chairman), Maureen Hunt (Vice-Chair), Tom Bursnall, Mohammed Ilyas, Gary Muir, John Penfold and Hari Dev Sharma (sub for James Evans).

Also Present: Margaret Bowdery (East Berks Ramblers).

Officers: Anthony Hurst, Tanya Leftwich and Maria Lucas.

PART I

18/12 APOLOGIES FOR ABSENCE

Apologies were received from Councillor James Evans.

19/12 DECLARATIONS OF INTEREST
        None were received.

20/12 MINUTES

The Part I minutes from the meeting held on the 3 December 2013 were agreed as a correct record.

21/12 PUBLIC RIGHTS OF WAY: MILESTONE STATEMENT 2013/2014

The Chairman asked the Principal Rights of Way Officer to outline the report to the Panel.

The Principal Rights of Way Officer explained to Members that the report sought the Panel’s approval for the “Milestones Statement 2013/14” attached in Appendix 1 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 Council employed a public rights of way team of two full-time and one part-time Public Rights of Way Officers.
          v The approved capital budget for public rights of way general works in 2013/14 remained at £40,000.
          v The approved capital budget for public rights of way maintenance responsibility for bridges in 2013/14 had increased to £50,000, from £21,000 in 2012/13.
          v The approved revenue budget for public rights of way work in 2013/14 had increased to £60,000, from £47,000 in 2012/13.
          v The reported maintenance and enforcement problems on Public Rights of Way in the Royal Borough outstanding at the 31 March 2012 was 264 which had been reduced to 192 as of the end of January 2013.
        The Principal Rights of Way Officer showed Members a photo of the new link in Millennium Walk which had opened by Councillor Majeed, the then Mayor, on the 12 May 2012. A photo of the Inaugural Walk on the 12 May 2012 was also displayed for everyone to see and it was noted that the East Berks Ramblers had contributed with their help to make the joint project possible. The Principal Rights of Way Officer went on to show Members before and after photos of the work the Windsor and Maidenhead Conservation Volunteers had undertaken, the cropping problems and the new advisory leaflet on ploughing and cropping which was to be aimed at farmers and landowners. Members were informed that copies of the leaflet were available for them to take away at the end of the meeting.
The Chairman invited Mrs Bowdery to address the Panel on the Milestone Statement for her allocated 3 minutes. Mrs Bowdery showed the Panel one of her favourite pictures taken on the footpath from Littlewick Green to the public house on the Bath Road, known as The Novello. Mrs Bowdery asked the Panel to note the attractive unploughed grass path which skirted a large tree at the far end. Members were informed that the photo was taken before Cross Compliance, the Rights of Way Act and before Rights of Way Officers were even dreamed about, let alone appointed. Members were asked to note that the ploughing ran parallel to the path, so that it was easy for the farmer to avoid it.

Mrs Bowdery went onto to show the Panel a photo of the current view and explained that the tree had gone, path had been ploughed out crossways to the line of the path. Members were informed that residents probably drove to the pub rather than struggled over the field.

Mrs Bowdery explained that there was a world of difference between marking out a footpath and its reinstatement and requested that we followed the advice given to farmers by MAFF when the Rights of Way Act came into force in 1990 which was to:
        1) Plough only when it was necessary and could not be conveniently avoided.
        2) The path should be reinstated so that it was level, compact and reasonably convenient to use (i.e. rolled to provide a firm surface for walking or riding).
        3) If the surface was already level and firm, marking the line with tractor wheels could be sufficient, provided the track marks were at least 1m wide.

        Mrs Bowdery informed the Panel that personal experience had taught her that a ploughed path was not only extremely difficult to use but hazardous. She explained that she had been on a walk in Bray which crossed a ploughed field where the path had not been reinstated. It was noted that walkers had become stuck in the mud which sucked their wellington boots off, some fell and had to be pulled free by others. Mrs Bowdery explained that the leader had been the last to be rescued, was in shock, lost her memory and had not known where she was. It was noted that this lady was unfit to drive home and was under medical care for weeks.

        Mrs Bowdery went onto inform the Panel that some farmers always managed to plough diagonally across the path which caused maximum difficulty. Mrs Bowdery believed there was no excuse for ploughing out paths as the modern sat nav tractor could be programmed to avoid them. Members noted that Mrs Bowdery felt strongly that when farmers were being paid to comply with the Rights of Way Act, they should be expected to do so, rather than try to extinguish them to avoid their obligations.

        Mrs Bowdery concluded by stating that thankfully the majority of farmers in the Royal Borough maintained their paths in good condition and explained that Maidenhead residents had enjoyed unploughed paths on Hindhay Farm and Cannon Court Farm for over 50 years. Members noted that all farmers should be encouraged to follow their good example.

        The Chairman thanked Mrs Bowdery for addressing the Panel and the Principal Rights of Way Officer assured Mrs Bowdery that he was in discussions with the current landowner and was ‘on the case’. The Vice-Chair stated she had been very sad to hear that a rambler had been caught up in the incident and incapacitated due to the mud.

        Members congratulated the Principal Rights of Way Officer and his team for reducing the figures from 264 problems to 192.
          RESOLVED: Unanimously that;
                  (i) The Panel approved the “Milestone Statement and Public Rights of Way Improvement Plan Annual Review 2013/14”.
        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. 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.
    22/12 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 August 2012 to February 2013.

          The Principal Rights of Way Officer went on to show Members before and after photos of the work that had been completed in Star Lane, Cox Green Footpath 11 and The Green Way.

    Members raised and noted the following points:
            · During the 6-month reporting period the number of outstanding reported problems on public rights of way fell from 228 to 192.
            · Members were informed that the reported enforcement problems outstanding at the 1st August 2012 was 142 which had been reduced to 112 as of the end of January 2013. The Principal Rights of Way Officer explained that one rights of way officer spent approximately half his time on enforcement issues which were often time consuming due to the legal aspects involved.
            · Members were informed that Star Lane had been an improvement project as it had been very badly potholed and resulted in a lot of complaints from residents and users of the path (including cyclists).
            · Members were informed that another two examples of improvement projects were the Cox Green Footpath 11 where surface improvements had taken place and The Green Way (land north of Ray Mill Road West) where a new link had been created.

          The Vice-Chair expressed her concern about whether the rights of way team had enough officers to deal with the outstanding enforcement issues.

                    RESOLVED:

                    (i) That the Panel noted the Public Rights of Way 6-monthly Progress Report.


    23/12 A.O.B.

    It was noted that the Council planned to use the Community Payback team, set up by the Probation Service, to carry out further works this year.


    24/12 DATES OF FUTURE MEETINGS
            • Tuesday 4 June 2013


    25/12 LOCAL GOVERNMENT ACT 1972 – EXCLUSION OF THE PUBLIC
          RESOLVED: That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the remainder of the meeting whilst discussion takes place on item 7 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of part I of Schedule 12A of the Act"