Decision details

Amendments to the Terms of Reference - Regulatory Committee and
Amendments to the Scheme of Delegation to Chief Officers -
Delegation of Functions relating to dealing with Applications for Public Path Orders under the Highways Act 1980

Decision status: Recommendations Approved

Is Key decision?: No

Decisions:

A report was presented relating to the addition of restricted byways into the terms of reference of the Committee and possible amendments to the Scheme of Delegation, the effect of which would provide for the delegation of functions relating to dealing with applications for public path orders for the diversion or extinguishment of footpaths, bridleways and restricted byways under the Highways Act 1980.

 

It was reported that, at present, the Committee could decide, under the Highways Act 1980, whether to approve agreements or make or not make Orders relating to footpaths and bridleways. Since 2006, the various statutory provisions have also referred to restricted byways - a right of way on foot, on horseback or leading a horse, and a right of way in or on vehicles other than mechanically propelled vehicles. The Committee were advised, therefore, that the various powers in respect of restricted byways be added to their terms of reference.

 

In addition, a change was suggested in relation to the powers in paragraphs (c) and (g) of Section 2 of the terms of reference, to delegate the power to refuse to make public path diversion or extinguishment orders under Sections 119 and 118 of the Highways Act 1980, to the Head of Service for Planning and Environment, and that he be delegated to decide that an Order not be made in the circumstances set out below, if he considers it appropriate after taking relevant officer advice:

 

·  Where a new route for a diversion under S119 would be, for a significant distance, less than Lancashire County Council's standard minimum width of 2m for footpath, 3m for bridleway or restricted byway;

·  Where a new route for a diversion under S119 would be subject to the right to have unnecessary structures or unnecessarily restrictive structures;

·  Where a new route for a diversion under S119 would be substantially less convenient in terms of alignment or gradient;

·  Where a new route for a diversion under S119 would result in the enjoyment of the path as a whole being significantly reduced because a feature visible from the old route would no longer be visible;

·  Where a footpath, bridleway or restricted byway proposed to be extinguished under S118 is currently used to more than a trivial extent and no new public route is proposed as an alternative;

·  Where a footpath, bridleway or restricted byway proposed to be extinguished under Section 118 has only recently become available to the public and no new public route is proposed as an alternative;

·  Where a footpath, bridleway or restricted byway proposed to be extinguished under S118 is unavailable to the public or there has been significant deterrent to public use and no new public route is proposed as an alternative.

 

Resolved: The Committee approved:

 

(i) That Section 2 of the terms of reference of the Regulatory Committee be amended to reflect the powers in connection with restricted byways and therefore read:

 

2.  To exercise the following functions, duties and powers of the Council under the Highways Act 1980:

 

(a)  to authorise creation of footpaths, bridleways or restricted byways by agreement under Section 25;

(b)  to decide whether to make and promote to confirmation Orders for the creation of footpaths, bridleways and restricted byways under Section 26;

(c)   to decide whether to make and promote to confirmation Orders for the extinguishment of footpaths, bridleways and restricted byways in accordance with Section 118;

(d)  to decide whether to make and promote to confirmation rail crossing extinguishment orders under Section 118A;

(e)  to decide whether to make and promote to confirmation special extinguishment orders for the purpose of preventing or reducing crime or of protecting school pupils or staff under Section 118B;

(f)  to decide whether to make and promote to confirmation public path extinguishment orders (Section 118ZA) and special extinguishment orders (Section 118C);

(g)  to decide whether to make and promote to confirmation Orders for the diversion of footpaths, bridleways and restricted byways in accordance with Section 119;

(h)  to decide whether to make and promote to confirmation rail crossing diversion orders under Section 119A;

(i)  to decide whether to make and promote to confirmation special diversion orders for the purpose of preventing or reducing crime or of protecting school pupils or staff under Section 119B;

(j)  to decide whether to make and promote to confirmation SSSI diversion orders under Section 119D;

(k)  to decide whether to make and promote to confirmation public path diversion orders (Section 119ZA) and a special diversion order (Section 119C(4);

 

(ii) The delegation of the power to refuse to make public path diversion or extinguishment orders under Sections 119 and 118 of the Highways Act 1980, to the Head of Service for Planning and Environment in the circumstances as set out within the report.

 

(iii) That the decision to not make an Order in the circumstances listed above be no longer a function power or responsibility solely reserved to the Regulatory Committee, but instead able to be made by the Head of Service for Planning and Environment under the county council's Scheme of Delegation to Heads of Service (Appendix B in the Constitution), noting that the power to decide to make such an Order would still rest only with Regulatory Committee.

 

(iv) That Section 2 of the terms of reference of the Regulatory Committee be further amended to read:

 

2. To exercise the following functions, duties and powers of the Council under the Highways Act 1980:

 

 (c) to decide whether to make and promote to confirmation Orders for the extinguishment of footpaths, bridleways and restricted byways in accordance with Section 118, with the exception of those which are delegated to the Head of Service for Planning and Environment.

 

(g) to decide whether to make and promote to confirmation Orders for the diversion of footpaths, bridleways and restricted byways in accordance with Section 119, with the exception of those which are delegated to the Head of Service for Planning and Environment.

 

(v) That Full Council be asked to ratify the necessary changes to the Constitution as a result of the above.

Date of decision: 29/01/2020

Decided at meeting: 29/01/2020 - Regulatory Committee

Accompanying Documents: