North Yorkshire County Council
North Yorkshire Local Access Forum
Minutes of the public meeting held on Wednesday, 29 January 2025 commencing at 10.00 am.
Will Scarlett in the Chair plus Patricia Coulson, Stephen Clark, Rachel Connolly, Mark Cunliffe-Lister, Roma Haigh, Belinda Ryan, John Toogood and George Jabbour (from agenda item number 8)
Officers present: Ian Kelly - Head of Countryside Access Services, Andrew Brown – Principal PROW Officer, and Dawn Drury - Democratic Services Officer
Other Attendees: Bruce Cutts - Senior Officer, People, Landscapes, Access and Nature, Natural England and Andrew Mackintosh – Senior Specialist, Public Access, Recreation and Rights of Way, Natural England.
Apologies: Samantha Perks, Naomi Guthrie, Martin Reynolds, Councillor David Jeffels and Councillor Robert Heseltine.
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Copies of all documents considered are in the Minute Book
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The Chair thanked Pat Coulson for acting in the capacity of Chair at the previous two meetings of the LAF, and for attending the Regional Access Forum meeting on his behalf. He also thanked each Forum Member for their continued work on behalf of the LAF in his absence.
The Chair welcomed the new LAF Member, Mark Cunliffe-Lister, who had been unable to attend the meeting in September 2024; each Member then gave a brief introduction.
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Apologies for Absence
Apologies had been received from Samantha Perks, Naomi Guthrie, Martin Reynolds, and Councillors Robert Heseltine and David Jeffels. Councillor George Jabbour acted as substitute for Councillor Jeffels.
The Chair informed Members that Naomi Guthrie had tendered her resignation from the LAF as of 31 January 2025, as she was moving out of the North Yorkshire Area. It was highlighted that following the recruitment exercise in September 2024, the three unsuccessful applicants had requested to be placed on a reserve list, and that the interview paperwork and scores would be re-visited to allow the Council to appoint a new Member to the vacant seat on the Forum from the 1 February 2025.
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Minutes of the Meeting held on 25 September 2024
Resolved
That the minutes of the meeting held on 25 September 2024 be agreed as a correct record and signed by the Chair.
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Declarations of Interest
There were no declarations of interest.
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Public Participation
No public questions had been received.
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Secretary's Update Report
Considered –
The report of the secretary, which updated on developments since the last meeting.
Members heard that the future of the Selby Local Plan had been discussed at the Development Plan Committee and the Selby & Ainsty Area Committee, both of which took place on the 17 January 2025. Members views had been sought on the recommendation to cease work on the preparation of the Selby Local Plan and, where possible, to use the evidence base and work undertaken to date to feed into the new local plan for North Yorkshire Council (NYC). Members on both Committee’s had resolved to recommend to the Executive and Full Council that work on the emerging Selby Local Plan was ceased.
The Forum Members asked a number of questions in relation to the legacy districts Local Plans and whether it was the intention of NYC to have one Local Plan. The secretary confirmed that the decision to stop work on all the other legacy area Local Plans had been made by Full Council in 2023, that only the Selby Local Plan remained from the legacy councils, and that going forward there would be just one new Local Plan for the whole of North Yorkshire.
Members noted that four formal responses had been sent out by the secretary on their behalf. In terms of the response regarding a solar farm in Richmond, the Chair raised the Forums concern that, having read recent solar farm applications, it appeared that some of the applicants would like to use the public right of way (PROW) as the access to a number of the application sites. Having researched other local authorities, many had a strategy or policy in place relating to solar farms and it was queried if this was the case for NYC, as the Forum felt that without one, it left PROW extremely vulnerable, and therefore the issue needed to be addressed without delay.
Discussion took place regarding the length of time that the applicants could potentially close a PROW. The Principal PROW Officer, Andy Brown, explained NYC were only able to close a PROW for a period of six months, however the Secretary of State for Energy Security and Net Zero had granted one applicant in the North Yorkshire area, Yorkshire Green, a development consent order which enabled the company to close a PROW for up to four years. At present each application was being looked at on a case-by-case basis, and the Council had a very good working relationship with some of the applicants, and that the closures were not usually for a continuous period of four years.
The Head of the Countryside Access Service, Ian Kelly, provided an update on the cut-off date for the recording of historic public rights of way. The original date set by the Countryside and Rights of Way Act 2000 had been 2026, however, this date had been repealed by the previous government and then subsequently reinstated by the current government with an extension to 2031, although no timescales had been set at present. Members noted that the cut-off date would have meant that no further definitive map modification order (DMMO) applications based on historic documentary evidence could have been submitted after that date.
Mr Kelly informed Members that there had been an escalation in the number of applications received by the Council in the prelude to the 2026 deadline; and with 17 applications already received in January 2025, the trend showed no signs of abatement.
Resolved i) That the update be noted. ii) That the Chair and Rachel Connolly draft a letter to the Head of Development Management, regarding the LAF’s concerns over Solar Farm planning applications and their impact on PROW and requesting that an interim Planning Policy relating to energy sites be developed.
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LAF Sub-Group and individual Project Updates
Considered –
The report of the Secretary giving LAF members the opportunity to update the Forum on Council liaison and other LAF representative project activity since the last meeting.
It was highlighted that Naomie Guthrie had provided LAF liaison with the legacy Selby District Council planning team, and having received her resignation, this now left a vacancy for the role. The Chair advised that he was the Forum member with responsibility for liaison with the legacy planning team at Craven District Council, but that he had no contact with them, and he mooted whether there was still a need for the legacy liaison roles as the area was now one whole as North Yorkshire Council, and that there was a conversation to be had on how the gap would be filled.
Rachel Connolly had provided an update on Sec 94(4) reports which could be seen at appendix 1 to the report. Members queried if the process for legacy planning referrals had improved or if there had been any further meetings, Rachel confirmed that there was not a consistent approach to the communication system across the legacy planning areas at present. The meeting which had taken place with the Head of Development Management had been very positive with some good ideas coming from the meeting, such as a tick list of questions to aid the planning team when a planning application was first received, and LAF attendance at regional planning team meetings, however nothing had been put in place at present.
Resolved i) That the additional information provided at the meeting be noted, alongside the written update provided in the report. ii) That the secretary requested an update from the Planning department, directed around the “blueprint” report that the LAF had sent to the Assistant Director for Planning following LGR, to come to the next Forum meeting in May 2025. iii) That the secretary arrange a meeting with Planning officers for the Chair, Vice Chair and Rachel Connolly to discuss communication with the legacy planning departments, and also ways in which the Forum could assist with the preparation of the emerging Local Plan for North Yorkshire Council. |
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NY Local Access Forum - Draft Revised Terms of Reference
Members considered the draft revised Terms of Reference (TOR) for the NYLAF.
The TOR had been before Members at the last Forum meeting in September 2024 when five additional amendments had been requested, these changes had been made and the amended document now formed part of the agenda pack for discussion, agreement and adoption.
Members identified that there remained two references to NYCC on the second page of Annex B of the TOR, and requested that these be amended to read NYC, and then the document be subject to one final proofread.
Resolved – i) That subject to the above amendments and final proofread, the NYLAF Terms of Reference, Version 2, be adopted. ii) That the Terms of Reference item be added to the 2025/26 NYLAF Forward Plan on 21 January 2026, for the annual review.
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Natural England - Coast to Coast National Trail
Members noted that
Finally, Mr Cutts informed Members that the technical appraisal report on the A19 crossing would be made available by DEFRA after the wider Coast to Coast stakeholder group meeting in March 2025.
In response to Members questions, Mr Cutts confirmed that the Trail attracted approximately 6 to 10 thousand users per year with people travelling from around the world, but in particular, America, Canada, Germany and Holland, and that once it was part of the National Trail family those numbers were expected to increase.
In terms of making the Trail inclusive and accessible to all users Mr Cutts reported that NE had worked with the British Horse Society and Cycling UK along the whole length of the route, and added that the LAF had an excellent supporter for the A19 crossing in the Principal PROW Officer, who had repeatedly done his utmost to ensure that the network integrity focused on bridleway connectivity. The officer explained that the team had worked throughout the project with Cycling UK who were the lead on developing a complimentary ride. Based on experience there was not enough demand to create a National Trail on the parallel ride, but that the team would work with NE to promote it as a long-distance trail. A proposal was currently being considered by Cycling UK and the British Horse Society, with the top proposal for the crossing to be a bridleway bridge.
In answer to a query the secretary confirmed that Martin Reynolds had been appointed at the meeting in September 2024 as the LAF representative on the Coast to Coast National Trail External Stakeholder Group.
Forum Members thanked Mr Cutts for attending the meeting.
Resolved - That the update be noted.
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Natural England - Environmental Land Management Scheme (ELM's)
Andrew Mackintosh, Senior Specialist: Public Access, Recreation and Rights of Way at Natural England (NE) attended the meeting to provide a verbal update on the Environmental Land Management Scheme (ELM's). He confirmed that
· There had been an announcement in autumn 2024 following the Yorkshire Farming Conference that support would be available for agriculture in general. · There were a number of options available within the Landscape Recovery component of ELM’S which included the reintroduction of permissive access. More details had been published in December 2024 which detailed the payments that landowners and managers would receive through land use for permissive open access, bridleway and cycle route access, and access for users with reduced mobility. Educational access would continue to run as a capital item. · The schemes where only for five year agreements, which would have implications on matters of access after this period. · All Landscape Recovery projects would have a public access improvement element to them, but there would be flexibility as to what those improvements would entail. · Each project would be required to demonstrate how they would engage with the local communities and met the public access needs of a particular area. · There had been two calls for bids to develop landscape recovery projects, and NE were currently assessing Site Access Plans for Round 1 project applications. These applications had primary and secondary objectives, of which public access was a secondary objective, but it was a compulsory objective with each of the respective projects expected to detail how they intended to improve access within their project area. · 24 project applications had been received in Round 1, with a further 34 project applications for Round 2. · Some of the projects showed that there was much potential to make a range of access improvements via this scheme for the areas involved. · From the Round 1 applications the project local to the NYC area which had received funding was the Three Dales Project, and from Round 2 there were three projects local to the area: the Heart of the Dales, the Ure Dales, and finally, Linking Levisham. · There was a requirement for each project to liaise with the local Highways Authority and the Local Access Forums. · Although on DEFRA’s agenda, as yet, it had not been agreed how the permissive access sites would be publicised.
A query was raised around the basic payment scheme, and what was intended to replace the scheme as it was being phased out. The scheme had been accessible to the majority of landowners to help them manage their land and included incentives to aid in keeping PROW open for users. The scheme had been beneficial to the Council in its day to day delivery of keeping PROW’s open and clear of obstruction and encouraged landowners allow access. Mr Mackintosh stated that there was no replacement at the moment.
The Chair thanked Mr Mackintosh for attending the meeting and it was
Resolved - That i) The update be noted. ii) The Chair and Mark Cunliffe-Lister compose a letter to Natural England on behalf of the LAF, regarding the lack of Sustainable Farming Initiative funding options for access payments
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Rights of Way Improvement Plan
The Principal PROW Officer, Andy Brown, shared a presentation with Members which outlined the current position of the Rights of Way Improvement Plan (ROWIP) and thoughts on its future development.
It was noted that the Countryside and Rights of Way Act 2000 had introduced the requirement for Highway Authorities to produce a ROWIP which was to be reviewed on a 10-year basis. North Yorkshire Council’s current ROWIP was due for review in 2027, at which time the Council could determine to continue with the existing ROWIP or produce a new one.
Mr Brown explained that North Yorkshire County Council’s first ROWIP published in 2007 ran to 147 pages and took two full time members of staff 5 years to compile. It contained a significant amount of research into the existing PROW network and the challenges and opportunities associated with improving it. Extensive public engagement was carried out which identified 1005 potential improvement projects. At the time NYCC made significant funding available to maintain and improve the PROW network following the 2001 foot and mouth outbreak when closing the entire network brought into sharp focus the economic benefit it brought to rural areas.
In contrast the current North Yorkshire Council ROWIP, 2017 to 2027, which was contained within the North Yorkshire Local Transport Plan (LTP) 2016 to 2045 ran to just five pages, was generic and mainly focused on the Council’s core statutory function to maintain the PROW network. It was confirmed that the ROWIP would remain within the LTP going forward.
Mr Brown informed Members that the Council held data collected from the public consultation in 2007 which had identified potential projects and the improvements each project would bring, along with the costs, and demand and feasibility, it also revealed common themes, however there was a need to streamline and analyse the data. Members noted that there was no dedicated funding for this work, but the Countryside Access Service (CAS) worked in conjunction with Natural England and Coast to Coast partners to secure external funding which allowed the Council to deliver and enable the work to bring benefits to the PROW network.
In conclusion Mr Brown stated that officers would welcome Members views on the topic and any strategic advice that may help to inform NYC’s approach going forward, and should the LAF be minded to, consider the formation of a sub-group to look into the matter in more detail.
The Chair stated that he felt that the formation of a sub-group was an excellent opportunity for the LAF to contribute and that it fit the LAF remit perfectly. Further discussion took place regarding the work which had been done in other areas of the Country, and it was agreed that the group would seek volunteers for a sub-group later in the meeting, when considering the NYLAF Forward Plan at agenda item 12.
Resolved – That the briefing paper be noted.
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Consultation response on the proposal to designate a new Yorkshire Wolds Area of Outstanding Natural Beauty (AONB)
Stephen Clark presented the report which set out the Forums formal agreement, by correspondence, to a response to Natural England's proposals to designate a new Yorkshire Wolds Area of Outstanding Natural Beauty (AONB).
At the last meeting of the NYLAF in September 2024, Mr Kelly had drawn Members attention to a proposal for a new Natural England Yorkshire Wolds AONB which was due to go out to public consultation on the 8 October 2024. The purpose of the consultation had been to seek views on whether the Yorkshire Wolds had the qualities required for designation as an AONB, whether they should be designated, and if so, where the boundary should be. Mr Clark had volunteered to research and draft a response on the proposals on behalf of the Forum as the consultation ended on the 13 January 2025, prior to the next meeting of the Forum.
A draft response was formulated by correspondence between forum members in November and December 2024, with the final response, which could be seen in the Appendix to the report, being agreed by email in December 2024. In addition, following a conversation with the team leading the consultation, it had been agreed that a cover letter would be considered as a part of the LAF formal response, and Mr Clark had also added comments based on the cover letter to an online consultation portal.
The Chair thanked Mr Clark for the excellent work he had done in researching and formulating the formal consultation response on behalf of the NYLAF.
While drafting the response, Members had pointed out that the creation of new duties for NYC to support the new AONB had the potential to lead to resources being diverted from existing Council activities. This had raised concerns around the possibility that the extra workload could lead to additional pressure on the Countryside Access Service (CAS); the point had also been made to DEFRA and Natural England as part of the Forum’s response.
A discussion took place regarding the positives and negatives of the area being awarded AONB status in terms of economic development and tourism, and although CAS would receive no additional financial support for the scheme through NYC, Mr Kelly remarked that there would hopefully be opportunities available to secure funding externally through DEFRA.
Forum Members appreciated the difficulties and queried how they could best help the CAS. One suggestion was that a formal letter was sent to NYC to request that consideration be given to the resourcing of any new pressures on the CAS as part of the Council's budgeting process for 2026-2027, as the benefits associated with any new resources would support the tourism, economic and well-being agendas of NYC. However, following further debate Members were of the opinion that as the point had been made as part of the response to DEFRA, and as there would be further public engagement on the proposals, that the matter be left in abeyance at the present time.
Resolved – that the report be noted.
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NYLAF Forward Plan Programme
Stephen Clark presented the report and Appendix which set out proposals for what NYLAF might consider in its meeting agendas for the next two years.
As part of the discussion at the Forward Plan item during the NYLAF meeting in September 2024, a sub-group had been formed. The group consisting of Roma Haigh, John Toogood and Stephen had met several times since that meeting and had developed the report, which had also benefitted from constructive input from Ian Kelly. Mr Clark explained the approach the sub-group had taken; with limited resources the group had set the goal of wanting to make a difference by focussing on strategic items.
The proposals for future content were set out on pages 44 to 47 of the agenda pack and included the purpose of the item, the possible outcomes and timing and priority. It was felt that if progress was to be made then it was essential that there was good quality engagement between the Forum and those officers responsible within North Yorkshire Council for areas to include tourism, leisure, planning, environment, transport and highways.
Members discussed how best to start a dialogue with the Council, external stakeholders and landowners, and the problems that they had encountered to date. Councillor Jabbour highlighted that the Council wanted to drive change and improve services for the local communities, but it was sometimes confronted with a lack of resources. To effect positive change there was a need to attend meetings, make a case and prepare a report, but the subject had to be comprehensive, well researched and be simple to implement, and if the subject could be seen to bring about more footfall, more PROW and better access within North Yorkshire then it was beneficial to the Council.
Mr Brown stated that the Forum had a lot of experience to offer, and as a rural Council the environment, health and rural travel were all high priorities on their agenda, however funding would not be diverted from the core statutory functions such as schools and social care, therefore it was important that the correct services were targeted, for example, Highways had a dedicated highways improvement budget and officers. It was suggested that the Forum may wish to invite officers at a higher level to attend future meetings to showcase how the Forum could help and complement their service.
Mr Kelly reminded Members that the statutory duty for producing a Local Transport Plan (LTP) now sat with the York and North Yorkshire Combined Authority. Guidance from central government on the development of LTPs was expected and once received the Highways service would be working with colleagues from the Combined Authority to produce a document that meets the needs of the people who live in, work in and visit North Yorkshire. Members were assured that the Highways service did want to work with the LAF and as part of the development of the LTP there would be engagement and then at a later date, formal consultation with the LAF.
The Chair thanked the sub-group for their work as he felt that the report had given the Members several topics to focus on and to work through, and that the Forum could make a positive difference as there were a number of Council Strategies that fit the remit for the LAF, and as Councillor Jabbour pointed out, each Council Strategy was allocated a budget to make the Strategy deliverable.
Members considered the proposed topics and chose items 2.1, Review of Rights of Way Improvement Plan and 2.11, Review of Best Practices in Local Access Forums in England as the topics to be looked at in more depth prior to the next meeting of the Forum in May 2025, and it was agreed that two sub-groups would be established.
The Rights of Way Improvement Plan sub-group to consist of Pat Coulson, Belinda Ryan, John Toogood and Rachel Connolly (in an advisory capacity) would look at the briefing note and the questions from page three of the briefing paper within the agenda pack and produce a report with recommendations.
The Chair, Roma Haigh and Stephen Clark volunteered to sit on the sub-group to undertake a Review of Best Practices in Local Access Forums in England. The Chair informed the group that he was due to attend the next meeting of the Regional Access Forum (RAF) on the 5 March 2025, and that prior to the meeting he would speak to the Members to establish what they regarded as the positives and negatives of being part of the RAF.
Resolved - That i) The Forward Plan be updated in line with the discussions at the meeting. ii) A Rights of Way Improvement Plan sub-group be formed, to consist of Pat Coulson, Belinda Ryan, John Toogood and Rachel Connolly (in an advisory capacity). iii) The Principal PROW Officer provide the secretary with an electronic copy of North Yorkshire County Council’s 2007 Rights of Way Improvement Plan for circulation to the ROWIP sub-group. iv) A sub-group be formed to complete a Review of Best Practices in Local Access Forums in England, to consist of Will Scarlett and Stephen Clark, with Roma Haigh to act as a substitute.
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Any Other Items
There were no other items.
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The meeting concluded at 1.14 pm.