Council and councillors

To receive a report by Stuart Crook, Highways Asset & Policy Manager.

Stuart Crook, Highways Asset Management and Policy Manager, introduced a report setting out two legal orders relating to proposed changes to public rights of way and one definitive map modification order for the Forum to consider.

Item 1: Proposed diversion of public footpath E229 at Home Farm in Ketton, to facilitate construction of a residential development.

This application had been approved in principle by Planning but had been complicated by the developer’s intention to have the diverted footpath follow an estate road. This is contrary to guidance (circular 1/09) and can make liability for maintenance difficult to determine. Rosemary Harris suggested that the path be upgraded to a Bridleway and Stuart Crook confirmed that would be something they would look to do in the future. William Cross expressed his frustration that this application had been approved by Planning before the diversion of the footpath had been agreed and fully evaluated. 

Item 2: The Rutland County Council District Council (Preston) Bridleway E252 and Footpath E253 Diversion Order (No1) 2021 was made on the 22nd December

The diversion altered the point at which a Bridleway terminated on the A6003, by moving it to a safer location. The diversion order was confirmed on 2^nd March, and only some minor work needed to be undertaken for the route to be ready and useable.

Item 3: A definitive map modification order to record a footpath between Main Street in Barrow and Sheep Dyke in Cottesmore.

A group in Cottesmore called Ways Around Cottesmore had submitted an application for a modification order (DMMO) to have a route added to the definitive map. All affected landowners have objected to the recording of the footpath. Rutland County Council have 12 months to determine the application and assess the evidence which, on the first impression, appeared to have been very well researched.

Stuart Crook made the Forum aware of the following major Planning Applications that will affect the rights of way network in Rutland;

·       Mallard Pass (no RCC ref as it’s a national infrastructure project).

·       Manor Green, Ketton (2022/0066/MAF)

·       Home Farm, Ketton (2020/1254/MAF)

·       Ranksborough Solar Farm (2019/1249/MAF)

Stuart Crook informed members of the recent announcement by DEFRA regarding important changes to the rights of way package of reforms. Work on the package had been underway for many years but the legislation required to implement these reform measures was not yet ready and considerable work remained to complete the work.

DEFRA had therefore decided to progress the Right to Apply and Cost Recovery Statutory Instruments only and to repeal the 2026 cut-off date. They felt that would strike some balance across stakeholder concerns and interests, whilst recognising that it didn’t deliver on all the benefits originally envisaged.

More detail and information will follow at some point. In particular, there is still a desire to implement some of the useful things from DeReg such as modification consent orders, advertising changes, and so on – but it will depend whether they can be ‘decoupled’ from the sections that will not be progressed.

RESOLVED:

a)    That the forum REVIEWED and NOTED the Legal Orders.

b)    That the forum REVIEWED and NOTED the planning applications.