Issue - meetings

The Executive Member deferred a decision on this report at the last Decision Session on 6 April 2010, to allow Officers time to prepare a response to each of the representations made in writing by Councillors Merrett, D’Agorne and the Ramblers Association.

[A copy of the report presented to the Decision Session on 6 April is attached to this item on-line, for information]

RESOLVED:             That the Executive Member approves Option 1, and agrees to:

i)              Authorise the Head of Civic, Democratic and Legal Services to make and advertise the required Definitive Map Modification Orders to add all those paths to the Definitive Map, where it is recommended based on the evidence available, to make an Order (see bottom of page of each Schedule (Annexes 1-3) for recommended action).

ii)            If no objections are received, or any objections received are subsequently withdrawn, the Orders referred to in i) above be confirmed; or

iii)          If objections are received, and not withdrawn, the Orders, or relevant parts thereof, be referred to the Secretary of State for determination.

REASON:                  As surveying authority for the area, the City of York Council has a statutory duty (Wildlife and Countryside Act 1981, section 55(3)), to produce a Definitive Map and Statement for the former County Borough of York; and in doing so is obliged to make Definitive Map Modification Orders to register the existence of all public rights of way in that area.

The Executive Member considered a report, which sought to assist him in determining whether or not to make a number of Definitive Map Modification Orders to record public rights of way on the Definitive Map for the former Borough of York within Guildhall, Fishergate and Micklegate Wards.

Consideration was also given to the Officers tabular response to each of the representations made in writing by Councillors Merrett, D’Agorne and the Ramblers Association for which this item had been deferred at the last Decision Session.

Councillor Merrett referred to additional comments he had forwarded to Officers, prior to the meeting, raising a number of issues in relation to various routes. He stated that since the meeting he had viewed the Sustrans route adjacent to the Law College/Middlethorpe and that the gate previously referred to did not obstruct this route as had been stated so he felt that this path should be included on the Definitive Map. He also referred to an additional paths he had identified in Knavesmire Woods and to the path on Mill Mount/Scarcroft Hill for which he had received conflicting information about its status. He hoped these routes could also be added to the Map.

Officers confirmed that they welcomed evidence in relation to the existence of the various paths and that Members comments would be taken on board.

The Executive Member referred to the Officer responses made to representations and he confirmed that he was now satisfied that the Orders could be advertised.

He considered the following options:

Option 1: Make the necessary DMMOs to add those paths to the Definitive Map that are recommended in the Schedules.  This option is recommended; or

Option 2:  Do not make the DMMOs to add the paths to the Definitive Map.

RESOLVED:             That the Executive Member approves Option 1, and agrees to:

i)              Authorise the Head of Civic, Democratic and Legal Services to make and advertise the required Definitive Map Modification Orders to add all those paths to the Definitive Map, where it is recommended based on the evidence available, to make an Order (see bottom of page of each Schedule (Annexes 1-3) for recommended action).

ii)            If no objections are received, or any objections received are subsequently withdrawn, the Orders referred to in i) above be confirmed; or

iii)          If objections are received, and not withdrawn, the Orders, or relevant parts thereof, be referred to the Secretary of State for determination. ^1.

REASON:                  As surveying authority for the area, the City of York Council has a statutory duty (Wildlife and Countryside Act 1981, section 55(3)), to produce a Definitive Map and Statement for the former County Borough of York; and in doing so is obliged to make Definitive Map Modification Orders to register the existence of all public rights of way in that area.