Issue - meetings

Georgia Foster (Cabinet Member for Communities and Regulatory Services), Stephanie Holt-Castle (Director of Growth and Communities) and Graham Rusling (Head of PROW CL&VGS and Access) were in attendance for this item.

1.Mrs Foster presented the following:

a)    The Committee was informed that, over the past five years, the Public Rights of Way (PROW) team had been addressing a significant backlog of applications.

b)    A backlog had arisen following a surge in map modification applications, largely driven by public uncertainty linked to legislative changes and government policy regarding cut off dates for recording historic rights of way.

c)    It was explained if applications continued to be processed strictly in order of receipt, it could take a further six to eight years to clear the backlog.

d)    The Committee was advised that a change in approach was recommended, whereby priority would be given to applications supported by user evidence, such as witness statements and first hand accounts, rather than those based solely on historical documentation.

2. In response to comments and questions from Members, the discussion covered the following:

a)    Members supported the proposed change in approach and agreed that prioritising applications with user evidence was appropriate. Queries were raised on how many applications were triggered by the one year rule and sought clarification on how this mechanism was being used in practice to accelerate the processing of applications.

b)    Officers advised that, although the provision to request accelerated processing via the Planning Inspectorate had been in place for some time, it was rarely utilised by individuals or organisation and that this was likely due to confidence in the Council’s ongoing progress in addressing applications. However, a small number of such requests were received, and on occasion the Secretary of State instructed the authority to prioritise specific applications.

c)    The Committee asked whether footpaths that had been in continuous use for over 20 years could be determined immediately upon application. Members were advised that such applications would still enter the existing process and remain within the backlog, rather than being determined immediately. However, the revised approach aimed to improve operational efficiency and fairness by enabling applications supported by evidence to be progressed more promptly.

RESOLVED to endorse the proposed decision, namely:

a)    APPROVE the changes to the Statement of Priorities for Definitive Map Modification Order (DMMO) applications.

b)    DELEGATE to the Corporate Director of Growth, Environment and Transport, in consultation with the Cabinet Member for Communities and Regulatory Services to implement the approved amendment to the Statement of Priorities for Definitive Map Modification Order (DMMO) applications, including:

•                giving effect to the amended statement in operational practice.

•                making any minor, non material drafting or presentational changes required to ensure clarity and accuracy; and

•                issuing associated guidance or communications necessary to support consistent application of the amended priorities