Contact: Andrew Smith, ext 6003

1 Summary

1.1 The attached letter (Appendix 1) is the proposed response to be made by Hampshire County Council to the draft guidance to local highway authorities on the preparation of rights of way improvement plans. The guidance is to be the statutory framework to be followed by highway authorities when fulfilling their new responsibility arising out of the Countryside and Rights of Way Act 2000. This responsibility requires authorities to undertake a review of the rights of network and, through a formal consultation process, produce a plan that sets out the priorities for improving the network to meet current and future needs. This plan should be compiled within 5 years of the legislation coming into force and be reviewed every ten years thereafter. There is, however, no statutory requirement to deliver the actions identified in the Improvement Plan.

1.2 The following decision is sought:

1.3 That the Executive Member, on behalf of Hampshire County Council, supports the proposed response to the draft guidance to local highway authorities on the preparation of rights of way improvement plans draft regulations for Local Access Forums, which were forwarded to the Executive Member on publication, and that the attached paper be submitted to the Department for Environment, Food and Rural Affairs as the response of Hampshire County Council upon the proposals.

2 Reason

2.1 The County Council welcomes the emphasis placed upon reviewing the network in accordance with current needs and priorities, which the Rights of way Improvement Plan process affords and to integrate rights of way management into many other areas of planning and access provision. The Council has therefore already encouraged path users and land managers to consider how this opportunity could be used to bring about improvements to the path network and have appointed an officer to co-ordinate this work. The comments made in response to the proposed regulations seek clarification in places. In addition, the comments are made to emphasise the difficulty that currently exists for changes to the network to be made owing to the complexity of the public path order process.

3 Other Options Considered and Rejected - Not applicable

4 Conflicts of Interest declared by the decision maker or a member or officer consulted - Not applicable

5 Dispensation granted by the Standards Committee - Not applicable

6 Reasons for the matter being dealt with if urgent - Consultation period.

Recommendation

That the appended letter be amended to highlight the potential cost implications and submitted to the DEFRA as the Hampshire County Council response to the draft guidance to local highway authorities on the preparation of rights of way improvement plans.

Approved by: Date:

Councillor J Waddington

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

Title : Consultation Paper on Draft Guidance to Local Highway Authorities on the preparation of Rights of Way Improvement Plans under section 60 of the Countryside and Rights of Way Act 2000. Department for Environment, Food and Rural Affairs: London, December 2001.

Location :   Rights of Way Office, Mottisfont Court, Winchester