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Agenda Item No

 

The Vale of Glamorgan Council

 

Planning Sub Committee (Public Rights of Way): 2nd April 2014

 

Report of the Director of Development Services

 

Application for Definitive Map Modification Order Wildlife and Countryside Act 1981 Section 53(3)(c)(i) Peterston Super Ely Community Hall

 

Purpose of the Report

1.         This report deals with a claim that a route running from the 'North East corner of Peterston Super Ely playing field’ to 'the rear of Peterston-Super-Ely Church and Community Hall’ should be recorded as a public footpath on the Definitive Map and Statement with a width of 2 metres.

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

Recommendation

That the Vale of Glamorgan Council decline to make a Definitive Map Modification Order to record the application route A-B as a public footpath.

Reason for the Recommendation

The requirements of Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 are not met. 

Background

3.         As set out within the investigation report attached at Appendix A.   

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

7.         An assessment of evidence is included within the investigation report

Resource Implications (Financial and Employment)

8.         Costs will be incurred primarily in terms of officer time and advertising. Resource implications cannot be taken into account when determining Definitive Map Modification Order applications.

Sustainability and Climate Change Implications

9.         None

Legal Implications (to Include Human Rights Implications)

10.      The Determination of DMMO applications under Section 53 of the Wildlife and Countryside Act 1981 is a statutory duty.

Crime and Disorder Implications

11.      None

Equal Opportunities Implications (to include Welsh Language issues)

12.      None

Corporate/Service Objectives

13.      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

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

Consultation (including Ward Member Consultation)

15.      Pre-order consultations in respect of the application were carried out on 19th February 2014.

Relevant Scrutiny Committee

16.      None.

Background Papers

None

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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