Local Access Forum - Minutes - 16 February 2005

PRESENT: Cllr D Wells, Cllr J England, G Hoey, M Jenkinson, H Armstrong, E Anderson, D Dukes.

Also in Attendance: C Wilkinson (Environment Team) and D Lilley (Secretary to the Forum) North Lincolnshire Council.

APOLOGIES: Cllr B Regan, K Hammond, R Alderson, A Towns, M Broadbridge.

Notice of resignation from the Forum had been received from R Clarke.

32. APPOINTMENT OF CHAIR – Resolved - That G Hoey be and he is hereby appointed chair of the Forum.

G Hoey thereupon took the chair.

H Armstrong proposed that Cllr D Wells be thanked for his contribution to the Forum in his capacity as Chair up to the present meeting.

33. APPOINTMENT OF VICE CHAIR – Resolved - That D Dukes be and he is hereby appointed Vice Chair of the Forum.

34. DECLARATIONS OF PERSONAL OR PERSONAL OR PREJUDICIAL INTEREST – There were no declarations of personal or personal or prejudicial interest in respect of items on the agenda.

35. MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 22 September 2004, having been circulated amongst the members, be taken as read and correctly recorded and be signed by the chair, subject to the addition of (i) a discussion that had been held on matters of expenses claims, and (ii) that two further meeting dates had been set at the September 2004 meeting, namely 18 May and 17 August 2005.

36. MATTERS ARISING - None

37. ALKBOROUGH FLATS – C Wilkinson informed the meeting that negotiations were ongoing with the Environment Agency with regard to a proposed bridleway or footpath along the escarpment. The land is believed to be in the ownership of a trust, who were giving consideration to the matter.

Discussion followed on the possibility of a cul de sac path at the Walcott end, and the merits of establishing the route as a bridleway from the start rather than as a footpath initially and then seeking an upgrade to a bridleway. This however could lead to problems with vehicles using the bridleway, and it was pointed out that horses could also damage ground for pedestrians. The Environment Agency reinforced path surfaces, but it was not known if the cost would be prohibitive. Kent Carriage Gaps prevented vehicles accessing bridleways.

C Wilkinson stated that a DVD of Alkborough Flats was available to members of the Forum, this was not presently available on the North Lincolnshire Council Website.

Resolved – That DVDs, if available, be supplied to members of the Local Access Forum.

38. RISBY WARREN – E Anderson informed the meeting that following comments made on the draft map to the Countryside Agency, the provisional map still showed the fenced off areas. An application for a restriction order had been lodged and an appeal made. This had to be in by 5 July 2005. Corus had a lease on the land for the next 22 years.

In the event of a fall occurring, as had recently happened at Brackenholme, there would be an immediate need to fence off the area and the right to establish this needed to be implemented. No cases had been tested against the CROW Act as yet. Lawyers were confident that common sense would prevail.

DEFRA had a four stage process for protecting dangerous areas/mine workings. The Environment Team was due to meet the following week with the Environment Agency to decide what stage had been reached.

The Forum welcomed the work done by E Anderson so far in this matter.

39. RIGHTS OF WAY IMPROVEMENT PLAN – C Wilkinson asked how the Forum felt that North Lincolnshire’s Rights of Way could be improved. The council were grateful for and valued the input of the Forum. The Rights of Way Improvement Plan (ROWIP) and Local Transport Plan (LTP) were to be merged by 2010. A statement set out proposals for inclusion in the ROWIP.

The importance of the relationship between linear routes and open spaces had to be considered. Local authorities had to take account of other strategies e.g. the Local Development Framework, recreational strategies, etc. Consultation was the key and market research was to be undertaken.

It was suggested that all Forum members should have a copy of the DEFRA ROWIP document, this was available at

41. ACCESS POINTS TO OPEN COUNTRYSIDE – C Wilkinson informed the meeting that North Lincolnshire had few access areas. Suitable access points had to be negotiated with landowners. Occasionally they coincided with Rights of Way. A booklet on signage for access areas was shown.

It was necessary to consider potential new areas by November 2005, and consideration should be given how best to utilise them. Access areas should be established first and signage (with potential costs) considered at a later stage.

42. PROW ACT – DEFRA CIRCULARS – Two consultation papers from DEFRA were circulated, on both of which the consultation process had been concluded.

1. Public Rights of Way – Consultation on Joint Orders and the Power to Include Modifications in Other Orders - C Wilkinson advised the Forum that once Public Path Orders had been advertised and completed then modifications to the map did not need to be advertised again. New legislation would include map modification orders within Public Path Orders.
2. Public Rights of Way – Registers of Definitive Map Modifications Order Applications: and Highways Act 1980 Applications and Declarations – A map modification was a legal process and a register was proposed by the government, of all such applications for public availability. After 2006 there may be no further additions to the map and the Byways Open To All Traffic (BOATS) deadline was sooner. It was important to register applications before the cut off date and these would be seen through to completion. Non-determination within 12 months could be referred to the Secretary of State. Missed deadlines would mean that potential BOATS could be lost forever. Assistance could be given to applicants by the Environment Team.

Landowners could submit maps and statements of Public Rights of Way and could make 10 yearly statutory declarations to rebut subsequent claims for PROWs. Registers open to inspection will exist.

C Wilkinson was to ask DEFRA whether a court order issued in respect of a notice served under section 56 of the Highways Act 1980 constitutes an event cited under section 53 of the Wildlife and Countryside Act 1980 and, if so, whether that be under subsection (3)(a) or 3(c).

Consultation documents can be seen on the DEFRA website at -

43. ANNUAL REPORT – A research request had been received from the Countryside and Community Research Unit, this request included a reference to the Local Access Forum Annual Report. The Forum had not yet produced this report. Examples from other authorities were shown to the meeting.

Resolved – That a draft report be submitted to the next meeting for consideration.

44. ITEMS FOR FUTURE MEETINGS

1. Guidance and Timescales for ROWIPS
2. Lost Ways Project
3. Report on parish responses
4. Risby Warren
5. Draft Annual Report

45. DATES AND TIMES OF FUTURE MEETINGS – Resolved – That the next two meetings be on Wednesday 18 May and Wednesday 17 August 2005.