Adoption of and Amendments to the Public Rights of Way Enforcement Protocol
Meeting: 01/06/2009 - Public Rights of Way Committee (Item 7)
7 Adoption of and Amendments to the Public Rights of Way Enforcement Protocol 
PDF 84 KB
To consider a report on the Public Rights of Way Enforcement Protocol, including its effectiveness and to seek approval for its adoption in the new authority, with the proposed amendments.
Additional documents:
- 07b - APPENDIX 1, item 7
PDF 386 KB
- 07c - APPENDIX 2, item 7
PDF 6 MB
- 07d - Appendix 3, item 7
PDF 84 KB
- 07e - appendix 4, item 7
PDF 77 KB
- 07f - appendix 5, item 7
PDF 80 KB
Minutes:
The Committee considered a report on the Public Rights of Way Enforcement Protocol, including its effectiveness and to seek approval for its adoption in the new authority, with proposed amendments.
In July 2000, a comprehensive protocol in relation to enforcement for Rights of Way was adopted by the former Cheshire County Council Rights of Way Committee. Details of the protocol were incorporated into a booklet “Public Paths a Guide to Problems and Protocols” (also know as the A-Z). As a result of case law and changes to legislation, the Protocol was amended in July 2001, January 2003 and July 2007.
It was proposed that the Enforcement Protocol and Booklet be adopted by Cheshire East Council. A number of changes to the protocol and booklet were suggested for the next reprint and Appendix 5 to the Report detailed these.
The Committee supported the setting out of a clear, unambiguous protocol on enforcement which would enable the Rights of Way team to carry out their duties effectively, in an even handed, fair, consistent manner. Members asked that wording in relation to Cross Compliance be made more persuasive and reporting offenders to the Rural Payments Agency would not be undertaken, in normal circumstances, as a first resort. It was agreed that wording would be circulated outside of the meeting for agreement.
RESOLVED: That
(1) the enforcement protocols, as detailed in Appendices 1-4 of the Report, be approved.
(2) the amendments to the protocol, as contained in Appendix 5 to the Report be approved, subject to the Committee’s agreement outside of the meeting to the revised wording for the Cross Compliance section.
(3) further amendments to the protocol and booklet “Public Paths A Guide to Problems and Protocols” be submitted to the Public Rights of Way Committee for approval from time to time.