Meeting documents

1 THE ISSUE

1.1 Members are asked to consider and comment upon the attached Draft Policy for Public Path Orders. Following an extensive consultation process the Policy will be presented to the Cabinet Member for Customer Services for consideration and adoption as Council policy.

2 RECOMMENDATION

The Regulatory (Access) Committee is asked to agree that:

2.1 it notes the draft Public Path Order Policy and members will make any comments on it that they consider appropriate.

3 FINANCIAL IMPLICATIONS

3.1 The adoption of the policy is intended to guide potential applicants for Public Path Orders as to what is likely to constitute an acceptable application. As such it should discourage applications that have little chance of being successful but would involve a significant amount of staff time in dealing with. The policy will thus enable a more efficient use of council resources. It is difficult to quantify these potential savings.

4 THE REPORT

4.1 In November 2007, Bath & North East Somerset, Bristol City and South Gloucestershire Councils published a joint Rights of Way Improvement Plan setting out a 5 year strategic plan to deliver an enhanced and more widely used rights of way network. One of the identified actions was to "Develop [a] joint diversion policy including specification standards for diverted paths".

4.2 An officer working party with representatives from the three councils was formed and has met several times to compile the attached draft policy.

4.3 It seeks to make clear the principles that the Councils will apply in considering applications for creations and extinguishments as well as diversions, made under sections 26, 118, 118A, 118B, 119, 119A, 119B, 119D Highways Act 1980 and section 257 Town & Country Planning Act 1990.

4.4 The policy emphasises the discretionary nature of the order making function and aims to make clear the considerations that will be taken into account in exercising the discretion. The considerations build on and are in addition to the specific legislative tests for each order.

4.5 The considerations are connectivity, equalities impact, the existence and specification of structures such as gaps & gates, gradients, future maintenance, safety, status, width and features of interest.The policy indicates that whilst some of these considerations may be viewed as more important than others, the Council will aim to take a balanced view of the whole proposal.

4.6 Whilst the desire of the officer working group is that the core of the policy as adopted is common between the three authorities, it is accepted that the format and presentation of the policy may differ to suit local circumstances.

5 RISK MANAGEMENT

5.1 A risk assessment related to the issue and recommendations has been undertaken, in compliance with the Council's decision making risk management guidance.

6 EQUALITIES

6.1 The attached policy is a draft for consultation purposes and will be refined before being presented to the Cabinet Member for Customer Services for approval and adoption. An equalities impact assessment will be completed before that stage.

7 CONSULTATION

7.1 Ward Councillor; Executive Councillor; Parish Council; Town Council; Other B&NES Services; Service Users; Community Interest Groups; Stakeholders /Partners;

7.2 The draft Policy will be circulated widely to interested parties and will be made available on the Council website for anyone to comment on. All representations received will be considered before the policy is presented for adoption.

8 ISSUES TO CONSIDER IN REACHING THE DECISION

8.1 Sustainability; Human Rights; Health & Safety; Impact on Staff; Other Legal Considerations

9 ADVICE SOUGHT

9.1 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.