Issue - meetings

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  ...  view the full minutes text for item 5