Agenda item

This report seeks authority to make 4 Public Path Orders to legally change the alignment of several rural public footpaths from their current legal alignment as shown on the Definitive Map of public rights of way, to improved alignments.  It is proposed to alter the following footpaths:

• Public Footpath Askham Bryan No 5
• Public Footpath Strensall No17
• Public Footpath Skelton No’s 7 & 8

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised :

1.     To authorise the Head of City Strategy Directorate to instruct the Head of Civic, Democratic Legal Services to make the necessary Public Path Orders to implement Proposals 1 (with the amendment of the realignment of the path), 2, and 3 (with the addition of the further section of path to be moved) (or any combination of proposals 1 to 3 depending on consideration of each proposal) and alter the legal alignments of sections of public footpaths Askham Bryan No. 5, Skelton No.s 7 and 8 and Strensall No.17.

2.     That if no objections are received to the making of the orders, or that if any objections that are received are subsequently withdrawn, the Head of Civic Democratic and Legal Services be authorised to confirm the Orders recommended in 1. above.

3.     That if objections are received in relation to one or more of the proposed diversions and not subsequently withdrawn, the Head of Civic, Democratic and Legal Services be authorised to confirm the Order in respect to the public footpath(s) where no objection was received.

4.     That if objections are received to any of the orders and such objections have been considered already within this report and not subsequently withdrawn, the order or orders to which the objection(s) relates be passed to the Secretary of State for determination.

5.     That if objections are received to any of the orders and such objections have not been considered already within this report, a further report be placed before the Committee, to enable Members to consider whether or not pass the Order(s) to the Secretary of State for determination.

Decision of the Executive Member for City Strategy

RESOLVED:             That the advice of the Advisory Panel be accepted and endorsed.       

REASON:                  The orders would develop the public path network for the benefit of the public and the future management of the routes and the proposed orders also meet the criteria of the relevant legislation.

Members considered a report which sought their authority to make 4 Public Path Orders to legally change the alignment of several rural public footpaths from their current legal alignment as shown on the Definitive Map of Public Rights of Way, to improved alignments. The changes would improve the public path network for the public. It was proposed to alter the following footpaths as detailed below:

 PROPOSAL 1 - Public Footpath Askham Bryan No5 – Diversion of 2 Sections of Path. PLAN 1 Annex 1

PROPOSAL 2 - Public Footpath Strensall No17, Diversion of a Section of Path.  PLAN 2 Annex 1.

PROPOSAL 3 - Public Footpath Skelton No’s 7 & 8 - Extinguishment of 3 Sections of Path and the Creation of 1 Section of Path as an Alternative. PLAN 3 Annex 1

The report recommended that theExecutive Member approve Option A and authorise the making of the proposed public path orders.

Officers updated that they were recommending amendments to the proposals, these being the realignment of the path for proposal 1 and the addition of the further section of the path to be moved for proposal 3.

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised :

1.     To authorise the Head of City Strategy Directorate to instruct the Head of Civic, Democratic Legal Services to make the necessary Public Path Orders to implement Proposals 1 (with the amendment of the realignment of the path), 2, and 3 (with the addition of the further section of path to be moved) (or any combination of proposals 1 to 3 depending on consideration of each proposal) and alter the legal alignments of sections of public footpaths Askham Bryan No. 5, Skelton No.s 7 and 8 and Strensall No.17.

2.     That if no objections are received to the making of the orders, or that if any objections that are received are subsequently withdrawn, the Head of Civic Democratic and Legal Services be authorised to confirm the Orders recommended in 1. above.

3.     That if objections are received in relation to one or more of the proposed diversions and not subsequently withdrawn, the Head of Civic, Democratic and Legal Services be authorised to confirm the Order in respect to the public footpath(s) where no objection was received.

4.     That if objections are received to any of the orders and such objections have been considered already within this report and not subsequently withdrawn, the order or orders to which the objection(s) relates be passed to the Secretary of State for determination.

5.     That if objections are received to any of the orders and such objections have not been considered already within this report, a further report be placed before the Committee, to enable Members to consider whether or not pass the Order(s) to the Secretary of State for determination.

Decision of the Executive Member for City Strategy

RESOLVED:             That the advice of the Advisory Panel be accepted and endorsed.       

REASON:                  The orders would develop the public path network for the benefit of the public and the future management of the routes and the proposed orders also meet the criteria of the relevant legislation.