Agenda item

To receive an update on the progression of the Draft Rights of Way Improvement Plan.

The Principal Development Officer tabled information which provided a brief overview of the responses which had been received in relation to the recent questionnaire on the Draft Rights of Way Improvement Plan (ROWIP). The consultation had received a total of 40 responses which included 22 completed questionnaires. The remaining responses were in various forms, letters and emails etc, which had made it difficult to analyse the data in such a short period.

The following comments were made in relation to the responses to the questionnaire:

Question 1

Members noted that paths contained within parks were not considered as public rights of way and were therefore not considered under the Plan. It was suggested that the Plan should make some reference to the Council’s commitment to manage the paths within parks. Officers advised Members that the maintenance of parks was carried out by Parks and Countryside and that it was not a highway function. Members of the Forum recommended  that the ROWIP should make reference to the commitment to maintain paths within parks but acknowledged that they were outside the remit of the ROWIP.

Question 2

Comments had been received from a Leeds City Council Planner regarding the Local Development Framework (LDF) which would be incorporated in to the final document. The Local Strategic Plan (LSP) 2008-2011 which, at the time of publication of the consultation document had not been published, would also be incorporated into the ROWIP.

Question 3

In relation to Pl14 ‘We will aim to ensure that the definitive path network meets the statutory minimum’ a Member of the Forum had recommended that the word ‘ensure’ should be replaced with ‘continue’. The Principal Development Officer informed Members that it was not always possible to ensure that the definitive path network met the statutory minimum requirement as there were exceptions. The Forum suggested that ‘as far as possible’ should be entered instead. In relation to DM3 officers would clarify the deadline for the Definitive Map and Statement to be made available on line as it could be possible to bring the date forward.

The following issues were discussed:

• In relation to the suggested addition ‘Include text on how the general public can find out which review matters and definitive map anomalies are included in the Appendix 6 list’, the Officer informed Members that members of the public were able to make an appointment to view the relevant files. This system was advisable due to the complex legislation in respect of public rights of way and the benefit an officers knowledge could bring to a person’s understanding of a particular situation.
• Once the Definitive Map was available online a number of issues raised by the Forum and members of the public would be addressed e.g. plans to divert or modify the map.
• Members requested that further explanation was given as to what a 1980 review matter was especially in Appendix 6. The figures in the appendices would also be checked.
• Pl13 referred to disabled access and officers were currently unclear as to where the law stood in relation to stiles not owned by the local authority and there was also no case law which the Council could use as guidance.
• Members were concerned that the use of the wording ‘aiming to do the minimum’ was not satisfactory as the ROWIP should aim to do more than the statutory minimum. Members suggested a number of alternatives such as ‘continue to ensure that the local authority complies with statutory requirements’.
• Members noted that certain steps which had been made to prevent motor vehicle access had prevented those who require motorised scooters to access rights of way. The officer informed Members that each path was dealt with on its own merits and that alternative measures such as increased patrols of the path could be used.
• The responses which had been highlighted in the handout were not exhaustive and Members would receive a fuller breakdown of responses at a future meeting.

RESOLVED: That the update be noted and that a further update be provided at the next meeting of the Forum.