Agenda and minutes

Public Rights of Way Committee
Monday, 7th December, 2020 2.00 pm

Venue: Virtual Meeting

Contact: Rachel Graves  Tel: 01270 686473 Email:  rachel.graves@cheshireeast.gov.uk

Link: Meeting recording

Items
No. Item

8.

Apologies for Absence

Minutes:

Apologies were received from Councillor R Moreton.

9.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

No declarations of interest were made.

10.

Minutes of Previous Meeting pdf icon PDF 59 KB

To approve the minutes of the meeting held on 8 June 2020.

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 8 June 2020 be confirmed as a correct record.

11.

Public Speaking Time/Open Session

In accordance with paragraph 9 of Appendix 7 of the Procedure Rules, members of the public may speak on a particular application after the Chairman has introduced the report, provided that notice has been given in writing to Democratic Services by 12 noon one clear working day before the meeting.  A total of 6 minutes is allocated for each application, with 3 minutes for objectors and 3 minutes for supporters.  If more than one person wishes to speak as an objector or supporter, the time will be allocated accordingly or those wishing to speak may agree that one of their number shall speak for all.

 

Also in accordance with paragraph 2.32 of the Committee Procedural Rules and Appendix 7 of the Procedural Rules a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. 

 

Members of the public wishing to ask a question or make a statement at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. 

 

 

Minutes:

There were no public speakers.

12.

Definitive Map Modification Order Applications: Revision of Statement of Priorities pdf icon PDF 79 KB

To consider and approve the Statement of Priorities for Definitive Map Modification Order Applications.

Additional documents:

Minutes:

The Committee considered a revised Statement of Priorities for dealing with Definitive Map Modification Order (DMMO) applications.

 

It was best practice for Councils to publish a statement of its priorities for processing DMMO applications. The current Statement of Priorities had been adopted by the Public Rights of Way Committee in December 2011. Since then the Council had made several changes to corporate policy which needed to be reflected in the Statement.

 

The revised Statement of Priorities continued to take account of the objectives of the Council’s statutory Public Rights of Way Improvement Plan 2011 – 2026. Also included were the relevant objectives of the revised Cheshire East Local Transport Plan 2019-24 which replaced the former Sustainable Community Strategy policies featured in the previous Statement of Priorities.  The Statement of Priorities also supported the outcomes of the Council’s Corporate Plan.

 

The revised Statement of Priorities also recognised the length of the time the DMMO application had been on the waiting list,  the value of an application in resolving a known mapping anomaly, any claim linked to a Discovering Lost Way route and gave additional weight to applications where witnesses were over the age of 70 years.

 

RESOLVED:  That

 

1          the revised Statement of Priorities, as set out in Appendix 1 to the report, be approved; and

 

2          the Statement of Priorities to be reviewed on a four-yearly basis.

 

13.

Informative Report - Highways Act 1980 s.119: Public Path Diversion Order, Goostrey Public Footpath No.12 (part) pdf icon PDF 68 KB

To note the outcome of the Public Inquiry on the Order made to divert part of Goostrey Public Footpath No. 12 (part).

Additional documents:

Minutes:

The Committee received an information report which detailed the outcome of a Public Inquiry on an Order made to divert part of Goostrey Public Footpath No.12.

 

Objections had been received to the Order made by the Public Rights of Way Committee on 13 June 2016.  Two objections were sustained, and the case was therefore referred to the Planning Inspectorate for determination.

 

A Public Inquiry was held on 4-5 February 2020 to consider the evidence presented and the Inspector did not confirm the Order on the basis that despite the diversion route being more accessible, the enjoyment to be derived from experiencing the listed farmhouse and associated buildings in their proper context outweighed the enjoyment to be gained from the new path, such that the new path was less enjoyable as a whole.  The Inspector concluded that the loss of enjoyment outweighed the benefits to the landowners.

 

AGREED:

 

That the report be noted.