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Agenda Item No

 

The Vale of Glamorgan Council

 

Public Rights of Way Sub-Committee: 16th July 2012

 

Report of the Director of Development Services

Applications for Modification of Definitive Map and Statement Wildlife and Countryside Act 1981 s53(3)(c)(i) Romilly Park Road to FP72, Barry

 

Purpose of the Report

1.             This report deals with a claim that a route running from the ‘Southern end of Footpath 72, Barry’ to ‘Romilly Park Road, Barry’ should be recorded as a public footpath in the Definitive Map and Statement with a width of 1 metre.

2.             The aim of the report is to set out the relevant evidence and legal tests, including the weight that can be given to that evidence, pursuant to informing a determination on whether or not to make a Definitive Map Modification Order (DMMO).

Recommendations

That the Vale of Glamorgan Council proceed with making a Definitive Map Modification Order to record the application route A-B-C as a public footpath.

Reasons for the Recommendations

As set out within the appended investigation report

 

Background

3.             As set out within the appended investigation report. Appendices - (Pages 50-166) (Pages 167 - 214) Pages 215 - 259) (Pages 260 - 309) (Pages 310 - 354)

Relevant Issues and Options

4.             The sub-committee is required to assess evidence in determining either to agree the application and make an appropriate order or to decline the application.

5.             In making the determination the sub-committee must base its consideration on the legal tests outlined in the appended investigation report.

6.             The determination should be based upon the evidence provided.  The sub-committee is unable to take into account amenity or desirability of the routes

Resource Implications (Financial and Employment and Climate Change, if appropriate)

7.             Resource implications are unable to be taken into account when determining Definitive Map Modification Order applications

Legal Implications (to Include Human Rights Implications)

8.             Determination of DMMO applications under s53 of the Wildlife and Countryside Act 1981 is a statutory duty.

9.             The applicants are entitled to seek appeal of a decision not to make an order by serving notice of appeal on the National Assembly for Wales (Planning Inspectorate) and the Authority.

Crime and Disorder Implications

10.        None

Equal Opportunities Implications (to include Welsh Language issues)

11.        None

Corporate/Service Objectives

12.        Determination of DMMO applications is a statutory duty. Maintaining and reviewing the definitive map are also aims within the Council’s Rights of Way Improvement Plan.

Policy Framework and Budget

13.        This report is a matter for decision by the Public Rights of Way Sub-Committee.

Consultation (including Ward Member Consultation)

14.        Pre-order consultation was carried out on 11th of January 2011. Investigation report drafts were provided to the applicant and objector, Vale of Glamorgan Council Legal Services and Vale of Glamorgan Operational Manager for Countryside and Economic Projects for comment.

Relevant Scrutiny Committee

15.        Economy and Environment.

Background Papers

Investigation report and associated documents (appended)

 

Contact Officer

Gwyn Teague, Public Rights of Way Officer, Countryside and Economic Projects - Tel 01446 704810.

Officers Consulted:

Bob Guy –Operational Manager, Countryside & Economic Projects

 

Geraint Davies - Lawyer

Responsible Officer:

Rob Thomas - Director of Development Services.

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