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Wildlife and Countryside Act 1981, Section 53, Continuous Review of the Public Rights of Way Definitive Map & Statement

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Wildlife and Countryside Act 1981, Section 53, Continuous Review of the Public Rights of Way Definitive Map & Statement Report to: Central Sefton Area Committee Date of Meeting: 12 March 2014 Subject: Wildlife and Countryside Act 1981, section 53, Continuous Review of the Public Rights of Way Definitive Map & Statement Report of: Director of Built Environment Wards Affected: Molyneux, Park & Ravenmoels Is this a Key Decision? No Is it included in the Forward Plan? No Exempt/Confidential No Purpose/Summary To seek authority to modify the definitive map and statement of public rights of way to show the effect of confirmed public path orders, dedication agreements and anomaly corrections. Recommendation(s) It is recommended that the Head of Corporate Legal Services: (i) be authorised to make a Definitive Map Modification Order under Section 53 Wildlife and Countryside Act 1981 to amend the Statement description of Lydiate Footpath No.24 (ii) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the Public Path (Formby Footpath No.19) Diversion Order 2004 to Formby Footpath No.19 shown as the line A-D on drawing no.DC1143 on the Definitive Rights Of Way Map and Statement (iii) be authorised to a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effects of the Public Path Extinguishment Orders namely, Highways Act 1959 West Lancashire District Council The West Lancashire Rural District Council (Melling and Kirkby Link) Public Path Extinguishment Order 1970 and Public Path (Melling Footpath No.2) Extinguishment Order 2008 to Melling Footpath No.2 shown as the line A-C on drawing no. DC1144 on the Definitive Rights Of Way Map and Statement (iv) be authorised to make a Definitive Map Modification Order under Section 53 Wildlife and Countryside Act 1981 to amend the Statement description of Formby Bridleway No.2 (v) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of a Cheshire and Merseyside (County and Metropolitan Borough Boundaries) Order to Sefton Footpath No.N7 on the Definitive Map and Statement (vi) be authorised to make a Definitive Map Modification Order under Section 53 Wildlife and Countryside Act 1981 to include Liverpool PROW No.6 as shown as the line A-D on drawing no.DC1147 the Definitive Rights Of Way Map and Statement (vii) be authorised to alter the designation of Liverpool PROW No.6 to Aintree Footpath No.5 on the Definitive Rights Of Way Map and Statement (viii) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the Local Government Act 1972, Metropolitan County of Merseyside (Electoral Divisions and Wards) Order 1973 and Formation of New County of Merseyside Order 1974 to Crosby Footpath No.2 shown as the line A-B on drawing no DC1148 on the Definitive Rights of Way and Statement (ix) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the Local Government Act 1972, Metropolitan County of Merseyside (Electoral Divisions and Wards) Order 1973 and Formation of New County of Merseyside Order 1974 to Ince Blundell Footpath No.1 shown as the line A-B on drawing no DC1151on the Definitive Rights of Way and Statement (x) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the section 116 Highways Act 1980 - Stopping Up of Public Highways Order (C-D on drawing number DC0019/1) to Formby Byway No.42 shown as the line A-X on drawing number DC1153 and on the Definitive Rights Of Way Map and Statement (xi) Make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the section 116 Highways Act 1980 - Stopping Up of Public Highways Order (A-B on drawing number DC0019/2) to Formby Byway No.41 shown as the line A- X on drawing number DC1152 and on the Definitive Rights Of Way Map and Statement How does the decision contribute to the Council’s Corporate Objectives? Corporate Objective Positive Neutral Negative Impact Impact Impact 1 Creating a Learning Community √ 2 Jobs and Prosperity √ 3 Environmental Sustainability √ 4 Health and Well-Being √ 5 Children and Young People √ 6 Creating Safe Communities √ 7 Creating Inclusive Communities √ Improving the Quality of Council 8 Services and Strengthening Local √ Democracy Reasons for the Recommendation: Pursuant to section 53 of the Wildlife and Countryside Act 1981, the Surveying Authority has a duty to amend the Definitive Map and Statement of Public Rights of Way following a legal event that has altered a Right of Way. Sefton Council fulfils the role of Surveying Authority and as a result, the series of legal changes listed in the report to the Rights of Way network, must make a Legal Event Modification Order to amend the Definitive Map and Statement of Public Rights of Way accordingly. The Surveying Authority also has a duty to continually review the Definitive Map and Statement of Public Rights of Way and should it become aware of the need to add, alter or remove a Right of Way, make the required Modification Order. Within the Council’s current constitution consideration of rights of way issues fall under the remit of the Area Committees. What will it cost and how will it be financed? (A) Revenue Costs The Order must be publicised and a period of public consultation is required. The costs of publicising the Order will be dependant upon its size. The cost of this will be met from the existing Rights of Way revenue budget allocation. Should there be an objection to the Order received the Authority will have to refer it to the Secretary of State. The Secretary of State has a choice of how they preside over the matter, which are; by written representations, an informal hearing or by way of a Public Inquiry. The costs associated with any of these will again have to be met from the existing Public Rights of Way revenue budget. The Authority has not been involved in a Rights of Way Public Inquiry for several years and as a result, it is difficult to quantify the associated costs. However, a benchmarking exercise was undertaken with other Authorities to establish what the expected costs could be. Of those Authorities approached only Norfolk County Council was able to provide clear details and the majority of the Authorities asked, used internal resources or did not have financial records associated with the Inquiries. Norfolk County Council has produced a rough guide for their Members. This guide indicates that the staffing time for an Inquiry, based on a two day case equates to a minimum of 100 hours, a minimum cost of £5000 for hire of a Barrister plus the costs for hiring the venue and providing refreshments. The length of time for an Inquiry usually ranges between 2 and 5 days. There is also the scenario where applications can be made to the Inspector for an award of costs. This would mean that one party could be instructed to cover the costs of the other, but only if it is considered that they have acted unreasonably. (B) Capital Costs None Implications: The following implications of this proposal have been considered and where there are specific implications, these are set out below: Legal The legal implications are set out in the report Human Resources None Equality 1. No Equality Implication √ 2. Equality Implications identified and mitigated 3. Equality Implication identified and risk remains Impact on Service Delivery: There will be no impact upon service delivery. The physical changes to the Rights of Way network have already occurred, this process is to ensure that the legal Highway records are kept up to date and in the prescribed order. What consultations have taken place on the proposals and when? The Head of Corporate Finance & ICT Strategy (FD2785) has been consulted and would advise Members to note the points raised above, in the revenue costs section of the report. Any costs associated with this decision would need to be met from the Rights of Way budget within the Department, and if the matter reaches the need for a Public Inquiry, the additional costs involved would pressurise this budget. The situation will be monitored carefully. Head of Corporate Legal Services (LD2091) has been consulted and any comments have been incorporated into the report. Are there any other options available for consideration? There are no other options available, this is a statutory function that must be undertaken as soon as is practicably possible. Implementation Date for the Decision Immediately following the Committee/Council/Working Group meeting. Contact Officer: Brian Goodwin, Senior Assistant Engineer Tel: 0151 934 4239 Email: [email protected] Background Papers: Local Government, England and Wales Changes in Local Government Areas – Statutory Instrument. The Cheshire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993. Report to Formby Area Committee 10 April 2003 - Formby Footpath no.19 – Proposed Diversion. West Lancashire Rural District (Melling and Kirkby Link) Public Path Extinguishment Order 1970. Report to Formby Area Committee 24 May 2007 – Proposed Extinguishment of Part of the width of Formby Byway No 43 also known as Sixpenny Lane, Formby and Byway No 41 also known as Rough Lane, Formby. 1.0 Introduction 1.1 The Wildlife and Countryside Act 1981 imposes the duties upon the Surveying Authority to keep the Definitive Map and Statement of Public Rights of Way (herein after called the DM) under continuous review and to, as soon as practicable after the occurrence of a Legal Event Order (diversion, extinguishment, creation etc.), make such modifications to the map and statement as appear to them requisite.
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