Issue - meetings

Charging Policy for Public Path Orders, Temporary and Emergency Closures and Rights of Way Searches

Meeting: 01/06/2009 - Public Rights of Way Committee (Item 6)

6 Charging Policy for Public Path Orders, Temporary and Emergency Closures and Rights of Way Searches pdf icon PDF 79 KB

To consider a report seeking approval for the fees and charges levied by the Legal Orders Team for Public Path Orders, Temporary Closures and other work from 1st April 2009 onwards.

Minutes:

The Committee considered a report that detailed the fees and charges levied by the Legal Orders Team for Public Path Orders, Temporary Closures and other work from 1 April 2009 onwards.

 

Members were informed that charges were made in accordance with the Local Authorities (Recovery of Costs for Public Path Orders) Regulations 1993 as amended by the Local Authorities (Charges for Overseas Assistance and Public Paths Order) Regulations 1996.   Charges were also made for written responses for public rights of way searches.

 

The report detailed the current and proposed charges in respect of the following services:

  • Public Path Diversions Orders
  • Emergency and Temporary Closures
  • Gating Orders
  • Property Searches

 

It was noted that a review of charges and staff costs had taken place in July 2008 to reflect full cost recovery.  The hourly rate was calculated at the average spinal point for grade 8 plus an additional 26% to cover overheads.  Value Added Tax (VAT) was added at 15%, except for searches.  From 1 April 2009 a mandatory increase of 2.5% on all rechargeable services was to be levied by the Council and this had been reflected in the proposed charges.  There was no profit element to the charges and none may be levied. 

 

RESOLVED: 

 

That subject to any departmental review of charging policy, or the implementation of statutory regulations relating to local authority charges, the following charges apply:

 

(1)       Public Path Diversion Orders: for a straightforward public path diversion application resulting in a confirmation order, the charge from 1 April will be £1134.69 plus VAT plus the actual advertising costs.

 

(2)            Emergency and Temporary Closures:

 

(a)       for an emergency 5 day or 21 day closure (not requiring press advertisement), the charge will be £165.03 plus VAT and a further £82.51 plus VAT to extend the closure for a further 21 days.  A temporary closure extended for up to 6 months will be £165.03 plus VAT plus advertising costs.  

 

(b)       a 6 month temporary closure will be £415.13 plus VAT plus two advertisements.

 

(c)        an administration charge of £311.60 plus VAT for referring an extension to a temporary closure to the Secretary of State for Environment, Food and Rural Affairs

 

(3)       Gating Orders:  the charge will be £1134.68 plus VAT plus actual advertising costs.

 

(4)            Property Searches: the charge for searches will be £61.50.

 

(5)            increases in charges relating solely to inflation be implemented by Officers without the need to Committee approval.