Agenda and minutes

Apologies for absence were received from Councillors Dale and Seymour.

The minutes of the Rights of Way Committee meeting held on Wednesday, 18 December 2024, as circulated, to be agreed as a true record and be signed by the Chair. 

RESOLVED that the minutes of the meeting of the Rights of Way Committee held on Wednesday, 18 December 2024, as circulated were confirmed as a true record and were signed by the chair.

The Rights of Way Committee is asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of higher rights over part of the route of existing Public Footpath No 7, from the C45 road to a point 220 metres south of Newton Bridge and the existence of restricted byway rights from there to the junction of the C43 road and the C47 road, 755 metres west of Hepburn Farm Cottages.

A Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation. Members were asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of higher rights over part of the route of existing Public Footpath No 7, from the C45 road to a point 220 metres south of Newtown Bridge and the existence of restricted byway rights from there to the junction of the C43 road and the C47 road, 755 metres west of Hepburn Farm Cottages.  

Councillor Hardy proposed to accept the officer’s recommendation as set out in the report, Councillor Hutchinson seconded this.

A vote was taken and was unanimous.

RESOLVED that:

                            i.          There was sufficient evidence to show, on the balance of probabilities, that public vehicular rights exist over the route N-P.

                           ii.          There was sufficient evidence to show that restricted byway rights had been reasonably alleged to exist over the route P-Q-R-S.

                         iii.          The public vehicular rights over the route appear to have been extinguished by virtue of Section 67 of the NERC Act 2006.

                         iv.          The route N-P-Q-R-S be included in a future Definitive Map Modification Order as restricted byways.

The Rights of Way Committee is asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of the existence of restricted byway rights between the C55 road, 275 metres south of the Old School House, and existing Byway Open to All Traffic No 17, 85 metres north-east of Cow Wood, Roddam Rigg.

A Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation. Members were asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of restricted byway rights between the C55 road, 275 metres south of the Old School House, and existing Byway Open to All Traffic No 17, 85 metres north-east of Cow Wood, Roddam Rigg.

Councillor Sharp proposed to accept the officer’s recommendation as set out in the report, Councillor Hutchinson seconded this.

A vote was taken and was unanimous.            

RESOLVED that:

                           i.          The was sufficient evidence to show that public vehicular rights have been reasonably alleged to exist over the route Y-Z.

                         ii.          The public motor vehicular rights over the route appear to have been extinguished by virtue of Section 67 of the NERC Act 2006.

                        iii.          The route Y-Z be included in a future Definitive Map Modification Order as a restricted byway.

The report, to be considered at Cabinet on 11 March 2025, outlines the feedback received to the draft plan following the recent consultation exercise and seeks agreement by Cabinet to the adoption of the Council’s new Rights of Way Improvement Plan for 2025-2035. The report is being presented to the Rights of Way Committee for information only. 

T Fish - Area Countryside/Rights of Way Officer, introduced the plan and explained that following the consultation this was the final version of the plan, and it was recommended to be agreed by Cabinet on 11 March 2025.

Following discussion and questions to the officer regarding the content of the Cabinet report and plan, the committee strongly agreed with the concerns that were raised by the Joint Local Access Forum relating to the resourcing of the delivery plan, particularly funding and staff resources. Committee requested that Cabinet be informed of their concerns, and that the plan be properly resourced to achieve delivery of the same.

The officer stated that it was intended to provide an annual update to the committee regarding progress of the delivery plan. 

RESOLVED that the information was noted.

Minutes of the Joint Local Access Forum meeting held on 22 October 2024; for information only.  

Minutes of the Joint Local Access Forum meeting held on 22 October 2024 were noted by members.

The next meeting of the Rights of Way committee will be held on Wednesday, 23 April 2025.

RESOLVED that the date of the next meeting was confirmed for Wednesday, 23 April 2025