Agenda Item No.
The Vale of Glamorgan Council
Planning Committee: 4th June 2015
Report of the Managing Director
Public Rights of Way Sub-Committee
Purpose of the Report
1. To seek agreement to the reappointment of the Public Rights of Way Sub-Committee and appointment of the Sub-Committee membership.
1. That the Public Rights of Way Sub-Committee, comprising 5 Members (2 Labour, 1 Conservative, 1 Plaid Cymru and 1 Independent), be reappointed.
2. That the Planning Committee appoints the membership of the Public Rights of Way Sub-Committee for the municipal year 2015-2016.
Reason for the Recommendations
To facilitate decision-making.
2. The Committee is required to reappoint any Sub-Committees required at its first meeting of the municipal year.
Relevant Issues and Options
3. The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment) Regulations 2009 reallocated certain functions, previously the responsibility of the Executive, to the Council.
4. Planning Committee on 7th January, 2010 and 20th May, 2010, agreed that responsibility for matters previously resting with the Cabinet Public Rights of Way Sub-Committee, together with those Rights of Way functions covered within the 2009 Regulations, be transferred to a Planning Sub-Committee. The terms of reference of the Sub-Committee and the allocation of functions between the Planning Committee, the Sub-Committee and officers were approved by the Planning Committee on 15th April 2010, namely:
"To consider and determine under delegated powers applications for Footpath Orders made under Sections 25, 26, 118 and 119 of the Highways Act 1980 and Orders made under Sections 53(3)(b), 53(3)(c) and 54 of the Wildlife and Countryside Act 1981 in respect of modifications of the Definitive Map.
That responsibility for Rights of Way / Highway related functions contained in the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment) Regulations 2009, other than those already allocated to the Public Rights of Way Sub-Committee, be delegated to the Director of Environmental and Economic Regeneration (now the Director of Development Services).
An amendment was made to the Public Rights of Way Sub-Committee's Terms of reference at the Council meeting on 29th September 2014. The following wording was included within the Sub-Committee Terms of Reference:
"To consider and determine under delegated powers applications for Footpath and Bridleway Orders offered by development under Section 257 of the Town and Country Planning Act 1990 where opposition which has been raised as a result of Pre-Order consultation remains unresolved."
In addition at the Council meeting of 29th September 2014, Officers' Delegations were amended to include the following delegations to the Director of Development Services:
"Authority to consider and determine Footpath and Bridleway Orders under Section 257 of the Town and Country Planning Act 1990, where such Orders are unopposed during pre-Order consultation."
The Planning Committee approved a revised procedural note for the Public Rights of Way Sub-Committee, which included the provision for public speaking, at its meeting on 12th March 2015. The revised procedural note and guide to public speaking are attached for information to this report at Appendix A and Appendix B respectively.
Resource Implications (Financial and Employment)
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
Crime and Disorder Implications
Equal Opportunities Implications (to include Welsh Language issues)
Policy Framework and Budget
11. This is a matter for determination by the Planning Committee.
Consultation (including Ward Member Consultation)
12. This is an internal matter and, therefore, no external consultation was necessary.
Relevant Scrutiny Committee
13. Economy and Environment.
The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment) Regulations 2009
Report to Council: 9th December 2009
Report to Planning Committee: 7th January 2010
Report to Planning Committee: 12th March 2015
Mrs. L. Mills, Tel: (01446) 709144, e-mail: email@example.com
Jeff Wyatt, Operational Manager Democratic Services
Committee Reports - Legal Services
Rob Thomas, Managing Director