Agenda and draft minutes

The Committee is asked to approve the minutes of the previous meeting.

The minnutes of the meeting held on 15 July 2024 were approved as an accurate record with no matters arising.

Committee members to declare an interest in any agenda item where applicable.

No members of the Committee declared an interest in an items on the agenda.

The Committee received an application to seek authority from the Rights of Way Committee for the making of a public path extinguishment order for the extinguishment of Footpath Whickham 63.

Land Registry records confirm the land in question is owned by the Council. Under section 118 of the Highways Act 1980, the Council has the power to extinguish a footpath, bridleway or restricted byway if it is expedient to do so, on the ground that the path is not needed for public use.

No informal consultation has taken place. However, it was noted that if the Rights of Way Committee determine that a public path extinguishment order should be made, the statutory process places a duty on the Council to advertise notice on site and in the local newspaper which states the general effect of the order and provides that any person may object within a minimum period of 28 days following publication of the notice.

In light of the fact that Footpath Whickham 63 is inaccessible and not used by the public because a series of landslips have occurred resulting in the footpath becoming unstable and unsafe for members of the public, along with the fact that there is a network of existing accessible paths, it is considered expedient to extinguish Footpath Whickham 63 on the ground that it is not needed for public use.

The Committee asked to be updated on this matter further at the next meeting.

RESOLVED:

(i)               The Committee directed that a public path extinguishment order should be made to extinguish Footpath Whickham 63 from Point A to Point B as shown on the plan attached at Appendix 2 to this report.

(ii)              The Committee granted delegated authority to the Strategic Director of Corporate Services and Governance to undertake the following:

(a)     To consult the statutory consultees and make a public path extinguishment order to extinguish Footpath Whickham 63 from Point A to Point B as shown on the attached plan at Appendix 2 to this report.

(b)     If no objections are received, to confirm the order or if objections are received and not subsequently withdrawn, to send the order to the Secretary of State for determination as an opposed order.

Report of the Strategic Director, Corporate Services and Governance and the Strategic Director, Communities and Environment

A report was provided to the Committee members on the progress of Rights of Way cases, plus the principal works carried out on the network between July and November 2024.

Updates were given to the Committee on the following cases:

• North View – In view of the objections/representations which were made, it has been proposed by the Planning Inspectorate to hold a local inquiry.
• Claim for a bridleway at Barlow Lane, Barlow – The Order was confirmed by the Council on 11 September 2024 as an Unopposed Order. The effect of the Order as confirmed is the modification of the Definitive Map and Statement by adding to them Bridleway Ryton 111 and Bridleway Blaydon 125, from Barlow Lane, Greenside to Barlow Road, Barlow.
• Claim for a footpath at Low Spen Woods, Rowlands Gill – The Order was made on 06 November 2024. The objection period ends on 30 December 2024. If no objections are received, the Order will be confirmed, and the Definitive Map and Statement will be updated. If objections are received, the Order will be sent to the Secretary of State for Environment, Food and Rural Affairs for determination.

The Committee received an overview of principal works carried out on the Rights of Way Network and the planned works to be carried out.

RESOLVED:

(i)               The Committee noted the progress made on Rights of Way cases.

(ii)              The Committee noted the updates given on principal works carried out on the network.

The next meeting of the Rights of Way Committee will be held on 17 March 2025.

The next meeting of the Rights of Way Committee will be held on 14 April 2025.