Agenda item

To consider the attached report of the Head of Scrutiny and Member Development attaching the response of the City Development department to the issues raised by Shadwell Parish Council at the previous meeting of the Board, in order to determine whether Members wish to undertake further scrutiny of this matter.

The Head of Scrutiny and Member Development submitted a report attaching the report of the Director of City Development on the above matter.  This report was submitted in response to issues raised when discussing the request for scrutiny by Shadwell Parish Council at the previous meeting of the Board, regarding delays in adding paths to the Council’s Definitive Map as Rights of Way.  After considering the evidence presented to them, Members would then be requested to decide whether further scrutiny of the issues raised would be appropriate.

The Chair welcomed to the meeting Jean Dent, Director of Development, Martin Farrington, Acting Chief Recreation Officer and Joanne Clough, Countryside and Access Manager.

Parish Councillor Robert Dyson, who had attended the previous meeting of the Board on behalf of Shadwell Parish Council, was also welcomed to the meeting.

The Countryside and Access Manager presented the report and responded to queries and comments from the Board.

In summary, the following issues were discussed:

·  Shadwell Parish Council’s application to the Secretary of State in 2005 seeking a direction requiring the authority to determine the application for a Definitive Map Modification Order (DMMO) - Officers reported that the Secretary of State was satisfied that the Council dealt with these applications in line with its published statement of priorities and did not therefore give direction.

·  In view of the lengthy delays in determining DMMO applications, Officers advised that sworn affidavits by applicants were accepted.

·  Details of the applications outstanding to add public footpaths to the Definitive Map and Statement - As at March 2008 following 13 local public inquiries, 11 orders had been confirmed, 2 had not and three remained outstanding.  Shadwell Parish Council’s application was number 27 out of 50 on the list of applications.

·  Developers and Rights of Way (ROW) – Officers advised that only once planning approval had been obtained could an application be made for a diversion order to a ROW.

·  The survey being undertaken by City Development Department  of city centre paths.

·  Officers confirmed that there had only been two ombudsman complaints in Leeds regarding delays in the DMMO application process over the past few years.

·  Definitive Map and Statement on line within this financial year - Officers reported that whilst this would not speed up the process, it would allow the information to be more widely available to the public and developers.

·  Officers confirmed that it could cost anything between £4,000 and £45,000 to get a footpath on the Definitive Map depending on the legal challenges received and the necessary maintenance work required to the footpath.

·  The Countryside and Rights of Way Act 2000 imposed a cut off date on the Definitive Map of 1^st January 2026 – After this date it would not be possible to add any public rights of way to the definitive map on the basis that they would be recorded in historical documents.  Officers advised that it was likely that the Government would review this legislation as it was improbable that any Authority would meet this deadline.  Leeds had a 90 year backlog of work. Officers acknowledged that before 2026 the Council would have to undertake a full historical path survey of the whole district

·  Staffing and resourcing levels.

·  Rights of Way Improvement Plan.

A vote was then taken and the majority of the Board voted in favour of the recommendation in the report of the Chief Recreation Officer to continue to support officers to progress the list of applications in line with the Council’s published Statement of Priorities.  The request for further scrutiny by Shadwell Parish Council was thereby turned down.

RESOLVED –

(a)  That the reports of the Head of Scrutiny and Member Development and the Chief Recreation Officer be noted.

(b)  That support be given to officers to progress the list of applications in line with the Council’s published Statement of Priorities.

(c)  That the request for scrutiny from Shadwell Parish Council be refused.

The Chair thanked Councillor Dyson and Officers for attending the meeting.

(Note1: Councillor Jarosz declared a personal interest in this item as a member of the Ramblers Association.)

(Note2: Councillors Taggart and A Hussain joined the meeting at 10.20am and 10.25am respectively during the consideration of this item.)