Agenda item

1.         The Definitive Map Team Leader introduced the report and provided an update in respect of applications to amend the Definitive Map and Statement (DMS). During the period April 2022 to March 2023 14 Section 53 applications were determined, 6 orders were made and 2 were confirmed, and 17 cases were currently under investigation. The backlog included 82 unallocated applications and on average 10-12 applications were investigated each year which meant a backlog of about 8 years.  Four cases were currently with the Planning Inspectorate.

2.         Applications were also processed under the Highways Act to divert or extinguish a right of way and during the period April 2022 to March 2023 15 public path orders had been confirmed and there were 43 unallocated applications which meant a backlog of about 2.5 to 3 years. One case was currently with the Planning Inspectorate.

3.         The Definitive Map Team Leader said the team processed applications under the Town and Country Planning Act on behalf of all the district councils (except Maidstone and Thanet) through a Service Level Agreement.  Applications were also considered under the council’s own planning function for example schools and minerals extraction. During the period April 2022 to March 2023 12 public path orders had been confirmed and there were 39 cases where the order had been made and confirmed but was awaiting certification. One case was with the Planning Inspectorate.

4.         In relation to deposits where a landowner could protect their land from future Section 53 applications and village green applications The Definitive Map Team Leader said during the period April 2022 to March 2023 25 deposits had been received.

5.         The Definitive Map team provided local authority search responses in respect of public rights of way, village green and common land.  Temporary Traffic Regulation Orders were processed on behalf of the Council, statutory undertakers, landowners, and developers.

6.         The Definitive Map team Leader highlighted that the backlogs reflected the complex and lengthy procedures that were required and when objections were received applications were submitted to the Planning Inspectorate who themselves had a lengthy backlog.

7.         Within the last year the team had received 1 direction from the Secretary of State for a Section 53 application to be determined within 12 months.  The Definitive Team Leader said she expected to see more as the backlog continued to grow.

8.         The Definitive Map Team Leader referred to the Deregulation Act 2015 and said the provisions for this to come into force was still awaited, however task groups had been set up to look at the reforms package.

9.         The Definitive Map Team Leader referred to the 2026 cut off date where all unrecorded rights of way created before 1949 were to be extinguished immediately after 1 January 2026 and said a statement issued in March 2023 by the Department for Environment, Food & Rural Affairs (DEFRA) determined that the cutoff date would be brought into force.  However, due to the delay caused by the pandemic the cutoff date had been extended to 1^st January 2031.  An increased number of applications, based on historical use, were therefore expected.

10.      The Definitive Map Team Leader set out new guidance that had recently been issued as of August 2023 setting out government policy on changes to public rights of way. 

11.      Mr Baldock asked about the amount charged to developers for Public Rights of Way (PROW) diversions and the Public Rights of Way and Access Service Manager said this was in the region of £2,000 to £3,000 and was strictly regulated and reviewed in terms of the cost of the Council’s service provision.

12.      Mr Cole asked about Section 53 applications and appeals to the Secretary of State. The Definitive Map Team Leader said the Council provided information regarding priorities and backlog to the Secretary of State and there was not a standard length of time issued for determination.

13.      Mr Bond asked about staff resource and the Public Rights of Way and Access Service Manager said there were 5.3 FTE (full-time equivalent) members of staff within the team and approximately 1.2 FTE were currently dealing with 17 Section 53 applications.  He said Section 53 applications were not chargeable unlike public path orders and Town and Country Planning Act orders.  Benchmarking across the Southeast had shown that the Council was ahead of other local authorities in terms of productivity.

14.      Mr Shonk asked about the pressure of development on PROW applications and the Public Rights of Way and Access Service Manager said this put pressure on the team in terms of recording rights of way and the work carried out under the Service Level Agreements with 10 of the 13 planning authorities within Kent.

15.      Mr Baldock asked about the King Charles III England Coast Path (KCIIIECP)  and the Public Rights of Way and Access Service Manager said this had not had an impact on the Definitive Map Team as it was led by Natural England on behalf of DEFRA.  However, the team had been heavily involved and progress had been good.  The costs of the Council’s involvement were met through Natural England and grants.

RESOLVED that the report be noted.