Agenda and minutes

Apologies for absence were received from Councillor Mary Cooke.

There were no declarations of interest.

No questions had been received.

RESOLVED that minutes of the meeting held on 10^th July 2013 be confirmed.

Chelsfield and Pratts Bottom Ward

Report ES15009

Public right of way 258 runs from Pecks Cottages Church Road at its northern end, southwards in varying sections of Footpath, Bridleway and Byway, for some 3.5km to the Borough Boundary with Kent County Council at Washneys Road. The route was shown on an extract from the Council’s Definitive Map attached to the report, together with photographs showing examples of the nature and width of the footpath along its route together with photographs of other footpaths nearby.

The section of the route affected by the current diversion application related to a short length of footpath (approximately 36m) running from Church Road diagonally through land at 2 Pecks Cottages, shown on drawing 11858-01.

A similar diversion had been proposed by the previous owner of the property in 1995. That application was considered by the then Environmental Services (Operations) Sub-Committee on 3 September 1996, when it was resolved to make a Public Path Diversion Order.

The ensuing diversion order was subsequently made and objections were received from both the Ramblers Association and EnBro on a number of grounds. These resulted in the matter being considered at a Public Inquiry held in November 1998. (The Inspector’s report dated 5 March 1999 was appended to the report submitted to the Sub-Committee.) In all but one issue the Inspector was not opposed to the Order, however on the ground of public enjoyment of the way as a whole he found the objector’s argument persuasive and decided not to confirm the Order.

The current owner of 2 Pecks Cottages had been made aware of the history but nonetheless, decided to make the current diversion application to the Council under section 119 of the Highways Act 1980 on the basis that such diversion was in his interest.

The current route of the footpath ran diagonally across land that although having an agricultural designation, was being used for garden purposes. It was understood that the intention of the applicant was to make an application for a change of use to the Council. The applicant had made the diversion request on the ground that it would enable him to maximise his use/enjoyment of the land by not having a footpath running diagonally across the middle of his garden. The diversion was also perceived to have security benefits for the property.

The applicant had recently fenced the garden land and created a permissive alternative route for use by walkers around the garden. The proposal was for the path to run around the outside of the fenced garden along the permissive route currently available.

The applicant had made an informal offer to maintain the route of the diversion on behalf of the Council should his request ultimately prove successful. Such an informal arrangement would, however, not affect the Council’s maintenance responsibility for the path as a highway. .

Extensive informal consultation had been carried out including Ward Members, Environment Bromley, local Residents Associations, local Ramblers Association and British Horse Society representatives and public utility companies. No objections had  ...  view the full minutes text for item 5.

Report ES15010

The Sub Committee received a report which requested authority to enable the Council to make Definitive Map Modification Orders (DMMOs) under the provisions of the Wildlife and Countryside Act 1981, to make amendments to the Definitive Map and Statement of Public Rights of Way (DMS) to bring it up to date, and subsequently prepare a modified copy of the Map and Statement.

The Council last prepared a modified copy of the DMS in 1998. Since that time some 16 legal event orders had been made and confirmed by the Council.  The Council was required to keep available for public inspection a copy of the 1998 DMS together with a copy of each of the legal event orders. This was a cumbersome record resulting in the need to consult both sets of information in order to ascertain the up to date position. Preparing an updated DMS was therefore of benefit to both the Council and the public.

In order to enable the Council to amend the DMS to reflect the legal event orders, Definitive Map Modification Orders (DMMOs) had to be made in respect of each order. Recent legislation had enabled the making of combined Diversion and Modification orders.  The latter approach had been used for the two most recent legal event orders and there were still nine needing DMMOs.

To comply with the duty to keep an up to date DMS and to be in a position to publish an accurate up to date DMS the making of the DMMOs referred to above was necessary.  It was noted that in addition, the Council had been carrying out an exercise to digitise the DMS with the aim of publishing the information on its website. 

Due to the duty imposed by the Wildlife and Countryside Act to keep the DMS under continuous review the Council, as the Surveying Authority, had to bear the costs associated with the making and advertising of the necessary Orders, estimated at £2.5k. This would be funded from the Highways budget.

The Sub-Committee agreed to the recommendation in the report, however Members considered that in future, rather than necessitating committee authority, delegated authority should be given to officers. The Sub-Committee requested that this suggestion be referred to Council to be considered as an amendment to the Scheme of Delegation to Officers.

RESOLVED that

(i) the Director of Corporate Services, in consultation with the Executive Director of Environment and Community Services, be authorised to take the necessary steps to make Definitive Map Modification Orders (DMMOs) under section 53(2) (a) of the Wildlife and Countryside Act 1981 to enable the Definitive Map and Statement to be brought up to date and subsequently prepare a new consolidated Map and Statement under the provisions of section 57(3) of the same Act, and

(ii) Council be requested to consider amending the Scheme of Delegation to Officers to enable them to make Definitive Map Modification Orders and amendments to the Definitive Map and Statement of Public Rights of Way.