Agenda item

This report seeks to assist the Executive Member in determining whether or not to make a number of Definitive Map Modification Orders to register public rights of way on the Definitive Map for the former County Borough of York within Acomb, Dringhouses and Woodthorpe and Westfield Wards.

RESOLVED:             That the Executive Member agrees to:

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ii)        If no objections are received, or any objections received are subsequently withdrawn, the Orders referred to in i) above be confirmed; or

iii)      If objections are received, and not withdrawn, the Orders, or relevant parts thereof, be referred to the Secretary of State for determination;

iv)       Request the Director of City Strategy to report to a future Decision Session the position on any outstanding requests for footpath diversion, closure or gating orders for the Acomb, Dringhouses and Westfield Wards, and to make recommendations on how any backlog of work can be addressed.

REASON:                  As surveying authority for the area, the Council for the City of York 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 (DMMO’s) to register public rights of way on the Definitive Map for the former County Borough of York. These public rights of way were situated in the Acomb Ward (Annex 1 of the report), Dringhouses and Woodthorpe Ward (Annex 2 of the report) and Westfield Ward, (Annexes 3a and b of the report).

As the surveying authority for the area, the Council for the City of York had a statutory duty to produce a Definitive Map and Statement for the former County Borough of York and in doing so it was obliged to make DMMO’s to register the existence of all public rights of way in the area.

It was reported that of the routes identified for inclusion these formed the basis of the first phase but that eventually all the public rights that were recorded on the Definitive Map that were found to be highways maintainable at public expense would be added to the List of Streets.

The Definitive Map Officer updated with the following amendments to the report:

• Table in Paragraph 15, in relation to the Westfield Ward should read as follows:

• Annex 3 a (Page 105) removal of reference to Path Nos. 76 and 88.

Representations on behalf of the Ramblers Association were received from David Nunns. He stated that he was pleased that work was now being undertaken on adding footpaths to the Definitive Map and he referred to work undertaken by their Association both in 1981 and 2002 to assist this process. He pointed out that there were many more paths for consideration as public rights of way in the area and he asked that there should be no further delays in progressing this work. He went onto ask that outstanding requests for gating orders and PROW diversions should not be carried out at the expense of registering these paths.

He referred to a number of paths in the area which did not appear on the maps but which had appeared on earlier West Riding maps and he hoped that Officers would be examining all such cases.

Councillor Merrett also confirmed that he was pleased to see that this work was being undertaken. He went onto refer to a number footpaths in the Dringhouses and Woodthorpe area, which he hoped, would be included in the surveys including one which he had personally used for the past 20 years.

The Definitive Map Officer also confirmed that this was only the first stage in a very long process and that some routes had intentionally been omitted at this stage and that any paths subsequently identified could be picked up during the later stage, although paths with less than 20 years use could be designated through common law.

The Executive Member advised that written reports on suggested additions should be made to enable Officers to examine the issues raised. He confirmed that these were only the first three Wards in the city to be examined and that similar reports would be coming forward shortly so it would be useful if any suggested comments/additions could be made in writing as these reports became available.

He went onto refer to a number of paths, which had already been closed through the deliberate action of the Council or owing to anti social behaviour. He also confirmed that he was agreeing to the designation of some footpaths, which had been closed for a number of years, and that designation as a PROW would not have any meaningful affect.  He also confirmed that in terms of the Council’s priorities there was a greater need for urgency in addressing outstanding requests for gating orders and PROW diversions than pursuing the designation of additional paths.

RESOLVED:             That the Executive Member agrees to:

i)          Authorise the (Interim) 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).  ^1.

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;

iv)       Request the Director of City Strategy to report to a future Decision Session the position on any outstanding requests for footpath diversion, closure or gating orders for the Acomb, Dringhouses and Westfield Wards, and to make recommendations on how any backlog of work can be addressed. ^2.

REASON:                  As surveying authority for the area, the Council for the City of York 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.