To update members on progress of the rights of way strategy and provide a progress report on the key work programmes for the Public Rights of Way Service.

Councillor J.W. Edwards and Mr. S. Oates left the meeting for the duration of this item.

The Committee received an update on progress on the Rights of Way Strategy and a progress report on the key work programmes for the Public Rights of Way Service.

The Public Rights of Way Manager highlighted the following points:

·         National BVPI 178 - the required survey work, as defined in the report, had been carried out and the authority was on track to meet the target.  He did however, caution that most other unitary authorities were urban based and evidence had come to light that there were discrepancies between authorities in the compilation of the data for the statistics;

·         Definitive Map Modification Orders - The service was reviewing current procedures with a view to addressing the backlog;

·         Town and Country Planning Act Diversions – these were being processed within 6 months and there was no backlog;

·         Highways Act Diversions - as set out in the Public Rights of Way Strategy, the intention was to reduce the backlog of applications by revising the current policies and requiring applicants to carry out more initial preparation work. It was also proposed to seek rejection of a number of old applications, which were unable to progress for one reason or another.

·         Maintenance – in 2003 5173 defects were reported of which 63.2% had been cleared.  So far this year 2100 defects had been reported of which 37% had been cleared.  A good working relationship had been established with Herefordshire Jarvis Services.

·         The Countryside and Rights of Way Act 2000 was a significant piece of legislation, which was having a major impact on the service.

·         Benchmarking – subject to comparable statistics being used by other authorities, the benchmarking data provided an indication of how Herefordshire compared.

·         Rights of Way Strategy – extensive consultation had been completed and several revisions had been made as a result.  Many of the dates in the strategy had been changed to more accurately reflect the availability of resources.  The Strategy had generally been well received.

In response to criticism concerning the apparent lack of impetus in clearing the backlog of diversion and modification orders, the Cabinet Member (Highways and Transportation), reported that the strategy indicated the balance of resources, both staff and financial, devoted to the service.  He commented that currently this was weighted more towards keeping the network open and maintained rather than towards research-intensive diversion and modification orders.  Based on the statistics in the report, particularly the slow rate in clearing the backlog of modification orders, the Committee questioned whether resources were being deployed effectively and requested further information on proposals to tackle these interrelated issues.

The Committee generally debated the maintenance of the network and noted information from Councillor J. Hope concerning the landowners responsibilities for maintenance, particularly in relation to the declaration that farmers would be expected to make under the ‘Single Farm Payment’ (to be introduced by DEFRA in 2005) concerning the condition of rights of way over their land.  The Committee felt that a number of issues concerning the level of maintenance; maintenance payments and the effects of the DEFRA payments scheme needed further explanation.

In response to a question concerning access to the network under the Disability Discrimination Act 1995 the Public Rights of Way Manager reported that the majority of the network was owned by landowners who were not service providers and therefore affected by the Act.  The Council was however reviewing its responsibilities in relation to major network routes i.e. the Wye Valley Walk.

Following a brief statement by Councillor P. J. Dauncey concerning the erection of signs at Bromyard Downs and comment by local Member (Councillor T. Hunt) the Cabinet Member – Highways and Transportation, reported that the matter was under consideration by the Director of Environment and the County Secretary & Solicitor and a response would be made to the Local Members.

RESOLVED:

THAT

a)      the report be noted and further information be presented concerning the various issues raised namely: in relation to the effective deployment of resources; the level of maintenance; maintenance payments and the effects of the DEFRA payments scheme and;

b)     the Director of Environment and the County Secretary & Solicitor inform the Local Members of the position concerning the signs erected at Bromyard Downs.