PRESENT: Councillor D Wells (Chairman) , G Hoey (Vice – Chairman),
R Alderson, H Armstrong, M Broadbridge, R Clarke, D Dukes, Councillor J England, K Hammond, J Haynes, Councillor B Regan and A Towns,
Also in Attendance: A Greener and T Taylor (Environment Team) and D Lilley and S Whittemore (Democratic Services), (North Lincolnshire Council).
The forum met at The Angel, Brigg.
12. DECLARATIONS OF PREJUDICIAL OR NON-PREJUDICIAL PERSONAL INTERESTS– There were no declarations of prejudicial or non-prejudicial interests in respect of items on the agenda.
13. MINUTES - Resolved - That the minutes of the proceedings of the meeting held on 17 December, 2003, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.
14. MATTERS ARISING – Arising from minute 9(ii), members asked for expense claim forms to be circulated with the agenda papers for future meetings.
15. TERMS OF REFERENCE, CONSTITUTION AND STANDING ORDERS – Further to Minutes 5,6 and 7, the Secretary submitted a copy of the Terms of Reference, as approved at the previous meeting and a suggested Constitution and Standing Orders.
Resolved – (a) That the Terms of Reference be noted, and (b) that the Constitution and Standing Orders be approved subject to the amendment of Standing Order 4 to read "Members of the forum may appoint a substitute if they are unable to attend a meeting and shall notify the secretary in advance of the meeting".
16. CONSULTATION PAPERS – The Head of Planning and Regeneration submitted reports on three consultation papers issued by the Department for Environment, Food and Rural Affairs (DEFRA).
- Use of Mechanically-Propelled Vehicles on Rights of Way - The Head of Planning and Regeneration reported that comments on this paper had been required to be submitted by 19 March 2004. The council had submitted a response, a copy of which had been circulated to members of the forum.
Members expressed concern that there was nothing in the document to allow landowners to dedicate rights of way for vehicular use. They were also concerned that the one year cut-off date for the establishment of byways open to all traffic was too early and that this date was inconsistent with the date for all other rights of way (i.e. 2026).
Resolved – That the comments submitted to DEFRA be noted.
- Proposals for Regulations on Appeals against Notices under Section 38 of the Countryside and Rights of Way Act 2000 -
The Head of Planning and Regeneration reported that comments on this paper were invited to be submitted by 2 June 2004.
The Act provided a new statutory right of access on foot to open country (mountain, moor, heath and down) and registered common land as well as land dedicated for this purpose under the Act. The local highway authority had the responsibility to seek significant reasonable public use of the new rights and to serve notice on landowners to provide access or that the authority would itself carry out any necessary work to provide such access.
The consultation document set out a right of appeal for landowners against such notices.
The forum noted that, on the basis of the published draft maps, this was unlikely to be an issue in North Lincolnshire, as all land included in those maps was already accessible to the public. However they considered that the time allowed for appeals – two weeks –was inadequate and that this period should be six weeks.
Resolved - That North Lincolnshire Council be requested to forward the comments set out above to DEFRA.
- Regulations about Public Places under Section 42 of the Countryside and Rights of Way Act 2000 -
The Head of Planning and Regeneration reported that comments on this paper were invited to be submitted by 23 April, 2004.
The paper envisaged that access land would, in most cases, be treated as a public place. When the Act had been drafted there had been concern that applying some of the public place provisions in existing legislation to land that was to become accessible to the public for the first time could place an unreasonable burden on landowners and occupiers in some cases. Section 42 of the Act provided an opportunity for regulations to be made which would allow the rights of access conferred by the Act to be disregarded in some cases.
The aim of DEFRA, in developing regulations, was to seek a balance between protecting public safety and the amenity and environment of access land on the one hand, and minimising the impact on owners and occupiers on the other.
A draft response had been circulated.
Members raised the following issues/concerns: -
(i) That allowing public access to certain areas e.g. quarries and land with mine workings could leave landowners with a huge potential liability
for which they would be unable to afford indemnification. This could lead to some landowners simply abandoning the land.
- Dog Fouling. Could this be covered by byelaws?
- Smoking. This could be dangerous especially in heathland. Was this best dealt with by legislation or byelaws?
Resolved - That North Lincolnshire Council be requested to forward the comments set out above to DEFRA
17. THE COUNTRYSIDE AND RIGHTS OF WAY ACT 2000, COMMENCEMENT ORDER NO.4 - The Head of Planning and Regeneration reported that this Order, which had come into effect on 13 February, 2004, brought into effect various provisions of the Act.
Resolved – That the report be noted.
18. ITEMS FOR FUTURE MEETINGS.
Resolved - that the following items be placed on an agenda for a future meeting : -
- Draft Improvement Plan.
- Greenways Project
- Definitive map anomalies and applications for orders.
- Dedication of land under the Countryside and Rights of Way Act 2000.
19. DATE AND TIME OF NEXT MEETING - Resolved -That the next meeting be held at 2.30 p.m. on 22 September 2004, subject to the provisional maps being available for consideration.