Minutes:
1. The Public Rights of Way and Access Service Manager provided an oral report. He explained that statutory instruments required to implement amendments in relation to the Right to Apply under the Highways Act 1980 were scheduled to be put in place later in the year. The Public Rights of Way and Access Service Manager explained that the power to make orders under the Highways Act 1980 sat with both county and district councils equally but in practice the districts had not exercised their power for approximately 30 years. Districts would be obliged to determine an application within 4 months, maintain a schedule of applications, appoint a scale of charges, and have the resources to process applications.
2. The Public Rights of Way and Access Service Manager said districts councils would have the option to either deliver the service or delegate it to the County Council. Delegation to the County Council was the preferred option of the PROW and Access Service due to economies of scale, the Council’s expertise, consistency, and the outcome where the Council would be responsible for the highway post confirmation. This would need to be agreed before introduction of the Right to Apply to allow sufficient time for Districts to complete their governance requirements.
3. The Public Rights of Way and Access Service Manager explained the regulations for the 2031 cut-off date for applications (subject to exceptions specified in the Countryside and Rights of Way Act 2000 or the regulations) were still awaited and were expected to include highways recorded in the list of streets and highways in current use at the cut off date.
4. The Public Rights of Way and Access Service Manager updated the committee on Common Land and Village Green applications. The Westbere Village Green application had been determined by a Member Panel and the application had been declined. The Public Inquiry in relation to Bunyard Farm Village Green had been concluded, and the Inspector’s Report would be received in due course.
5. Mr Baldock asked about the legal position regarding alleyways between houses and whether there was an obligation on the Council to maintain them. The Public Rights of Way and Access Service Manager said they may be recorded as highways and be included in the list of streets and maintained at public expense. Applications could be made by the public for those not recorded to register them as PROW.
6. Mr Baldock commented, in relation to new developments, that in some cases alternative PROW routes were not provided before building had commenced, and asked why replacement routes could not be in place before the existing route was extinguished. The Public Rights of Way and Access Service Manager said this was a national problem and the only approach was by way of planning condition to require the provision of the new route, at a certifiable standard, at an earlier point or phase of the development.
7. Mr Bond asked about the maintenance and safety of a route, which had been accepted as a right of use, being used by the public. The Public Rights of Way and Access Service Manager explained that in circumstances where the public had acquired the right to use the route through 20 years of use, but it had not been adopted under Section 38 of the Highways Act, the Council was responsible for its safe use by the public but not for its maintenance.
8. RESOLVED that the oral report be noted.