Agenda and minutes

Resolved – All members voted in favour of Will Scarlett being elected as Chair of the North Yorkshire Local Access Forum.

Resolved – All members voted in favour of Patricia Coulson being elected as Vice-Chair of the North Yorkshire Local Access Forum.

It was proposed, seconded and agreed unanimously that Roma Haigh be elected as Chair for the duration of the meeting.

(Roma Haigh in the Chair)

The Chair thanked the outgoing Secretary, Melanie Carr, on behalf of all the Committee for her contribution and hard work for the forum and welcomed Dawn Drury as the new Secretary.

Apologies had been received from Will Scarlett, Belinda Ryan, Jeremy Dunford and Naomi Guthrie.

All Members are invited to declare at this point any interests they have in items appearing on this agenda, including the nature of those interests.

Samantha Perks declared an interest in the Morris Grange application.

To confirm as a correct record the minutes of the NY Local Access Forum held on 24 January 2024.

Resolved - That the Minutes of the meeting held on 24 January 2024 be agreed as a correct record and signed by the Chair.

Members of the public may ask questions or make statements at this meeting if they have given notice to Dawn Drury of Democratic Services and supplied the text (contact details below) by midday on Friday 17 May 2024, three working days before the day of the meeting.  Each speaker should limit themselves to 3 minutes on any item.  Members of the public who have given notice will be invited to speak:-

·         at this point in the meeting if their questions/statements relate to matters which are not otherwise on the Agenda (subject to an overall time limit of 30 minutes);

·         when the relevant Agenda item is being considered if they wish to speak on a matter which is on the Agenda for this meeting.

If you are exercising your right to speak at this meeting, but do not wish to be recorded, please inform the Chairman who will instruct anyone who may be taking a recording to cease while you speak.

There was one public question from Mr Christopher Dunn, as follows:

‘I am Christopher Dunn citizen only, and failed applicant to this forum. I am also a much-qualified Draughtsman expert in Plan creation AND Revision.

“Since 2018 following extensive: visits; correspondence; meetings; research; at/with numerous NYC officers/office, also at/with county records at Wakefield; also, ref complaint 101010475003 re PROW 1565/12; also, C Dunn total PROW Killinghall survey Nov. 2022, I suggest NYC system of PROW Definitive Mapping and record are inadequate and inaccurate.

Following my Nov 22 PROW Killinghall survey, CAMS ref 68284 & 58448 (Finger post deficiencies) were issued, but now discharged by your Ms B Brown 01 05 24.

This dischargement by pure accident ONLY highlighted NYC ‘s ‘scheme’ of randomly adding paths/suffixes to paths in any or even all parishes, claiming that ‘it aided officials and public with PROW identification and/or problems’. This ridiculous system is totally at odds with NYC’ s so-called in-house NYC legal Definitive mapping AND PROW Definitive statements, these seemingly ex1952 up to date legal PROW documents are at total odds with your ‘adding’ system,why?

NYC’s by appointment only PROW legal Definitive mapping offerings, displays only an apparent COPY of a 1952 Wakefield records office ORIGINAL PROW Definitive map, (and 1952 Definitive statements?)  this offering at Wakefield or North Allerton, shows NO title NOR issue date NOR change column, so if you wish to check the legality of any or every North Yorks PROW, these offerings as of 2024 are totally useless, why? “

In response, Ian Kelly thanked Mr Dunn for his public statement and explained to Mr Dunn and Members that the Council had recently dealt with a complaint from Mr Dunn regarding path numbering on the online Digital Working Copy Definitive Map.  As Mr Dunn had already been made aware, Mr Kelly was not able to comment on complaints that were in the process of being responded to, or which had previously been responded to.

Mr Kelly did however inform Mr Dunn that the number of paths in Killinghall had not changed since the original Definitive Map was produced, but it should be noted that the original map did include some paths with branches (one path number with three end points), therefore, to aid identification of each part some of the branches had been renumbered.

Furthermore, the Public Right of Way network had not been modified in any way due to the renumbering, as the modification of Public Rights of Way can only be made through a formal legal process, the details of which were publicly available.

Mr Kelly thanked Mr Dunn for his public statement, and apologised if he was not happy with the approach taken by the Council but stated that his concerns had been duly noted.  Mr Dunn had been advised by letter that if he was not satisfied with the Stage 1 complaint response then he could request that this be escalated to Stage 2 of the Council’s Complaints process, details of  ...  view the full minutes text for item 6.

Ian Kelly introduced Andy Brown and Beth Brown, the officers responsible for managing the Access Maintenance and Definitive Map Teams respectively, to the Forum and went on to present the Countryside Access Service (CAS) Annual Report for 2023-24.

Members heard that 2023-24 had been a challenging year for CAS with some key members of the team either absent or leaving the Council, causing a consequential impact on capacity and workload.  However, despite this, the service had had some excellent achievements over the twelve-month period to include: -

·       Secured temporary funding to bolster existing base budgets on maintenance and improvement projects.

·       The ongoing creation of a new national trail on the Coast to Coast long-distance walk, to be opened in 2025.

·       Secured capital funding on an ongoing basis for Public Rights of Way (PROW) bridge asset management and urban path maintenance.

·       The appointment of a dedicated bridge engineer, which comes with an additional £200k of capital funding.

·       Processing high volumes of Definitive Map Modification Orders (DMMO) and Public Path Orders (PPO).

·       Effectively utilising volunteers and Path Keeper Groups to manage the network.

In response to a query regarding the work of the volunteers on unclassified roads, it was confirmed that the volunteers were very active, with the Trail Riders Federation being instrumental in assisting with cyclical / routine maintenance such as the clearing of draining diches and gulleys

Councillor Robert Heseltine praised Mr Kelly for an excellent report and asked that the Forum’s best wishes be passed on to Penny Noake on her retirement, and that she be thanked for all her excellent work.   Councillor Heseltine then went on to raise concerns and query the impact on the service should the responsibility for maintaining the PROW network in the North York Moors National Park and the Yorkshire Dales National Park be changed to fall under NYC’s remit.  Mr Kelly confirmed that would be a challenge to the service.

Paul Thompson informed Members that discussions were being held between NYC and the two National Parks regarding the delegation agreements, and that officers would keep Members updated with any new developments.

Discussion took place regarding the PROW bridge assets and the appointment of the dedicated bridge engineer, Paul Tweed.  Members noted that NYC had over 2000 PROW bridge assets ranging from small bridges to substantial, complex structures.  Mr Kelly explained that the bridge engineer would work closely with colleagues in CAS to deliver a work programme for bridge inspections, repairs and replacement.

Members requested a report on the Council’s PROW bridge assets and the attendance of Paul Tweed at a future meeting.

David Lepper stated that he had found the Coast to Coast maps within the report very helpful and enquired if there had been any updates since the last meeting.  Mr Kelly informed Members that although officers from Natural England had been unable to attend the Forum meeting today, they had provided the following update: -

·       The government has provided resources to upgrade the current Coast to Coast Path to a National  ...  view the full minutes text for item 7.

Purpose: To update LAF members on developments since the last meeting.

Considered –

The report of the Secretary, which updated on developments since the last meeting. 

Rachel Connolly suggested that in terms of the evolving North Yorkshire Council’s Local Plan that a request be made, via the Secretary, to the Assistant Director for Planning that it would be beneficial for the Forum Members, as consultees, to be kept involved as the Local Plan progresses.

Resolved – That

i.                The update be noted;

ii.              The Secretary make a request to the Assistant Director for Planning that the LAF are kept involved and appraised of any future developments within NYC’s Local Plan.

Purpose: An opportunity for LAF members to update the Forum on District Council liaison and other LAF representative project activity since the last meeting.

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. 

In addition to the information provided within the report, Rachel Connolly provided an update on the A1 upgrade.  Members heard that National Highways (NH) were not sympathetic to non-motorised users, with few of the provisions promised at Public Inquiry achieved.

One safety issue had been corrected at Tunstall Bridge, the signs which had originally been installed in the wrong place had been moved, however there were still issues outstanding, but it had been confirmed that there would be no further mitigation measures taken.

Andy Brown highlighted that CAS had engaged with local landowners, with the support of NH, to request some improvements to the principal bridleway network on land alongside the A1, but none of the landowners approached would agree to the creation of new bridleways on their land.  Therefore, without the evidence for a Creation Order, this was not something that CAS could progress further, unless NH were to purchase additional land.

The Chair requested that the minutes reflect the Forums concerns and dissatisfaction with the behaviour and actions of National Highways, who it was felt did not take their responsibilities seriously.  This was reflected by few of the provisions which had been promised by National Highways at the Public Inquiry, actually achieved for the A1 upgrade.  It was also felt that North Yorkshire County Council had not provided robust support at the time.

In terms of Bedale by-pass, Mr Kelly advised Members that CAS had thoroughly investigated the matter with landowners but had now exhausted all avenues of enquiry and had not been able to secure a Creation Agreement.  In response to a question by Rachel Connolly regarding the possibility of obtaining a Creation Order, Mr Kelly explained that he would be feeding the information back to colleagues in the Highways Team, and that he would keep Members appraised of the situation.

Members discussed the planning sub-group update report, and in particular the need for standardisation across the 7 area offices following the local government review.  Rachel Connolly informed Members that the standardisation was an ongoing process; each area has the same software, but that it was used differently at each area office.  It was noted that the planning sub-group had put together a “blueprint” report based on the East Riding of Yorkshire Council’s method of Local Plan organisation and their treatment of access which had been sent to the Assistant Director for Planning.  The Chair requested that this report be re-sent.  Finally, the Secretary was asked to amend the wording in appendix 2 of the report, second paragraph, to read “7 area offices”, and then forward the document to the Assistant Director of Planning for information and comment.     

Resolved - That

i.                The additional information provided at the meeting be noted, alongside the written updates provided in the report;

ii.              The Forum’s dissatisfaction with the failings of National  ...  view the full minutes text for item 9.

To consider, agree and adopt the revised Terms of Reference put forward by the LAF Terms of Reference Sub-Group.  (Document shown with track changes for ease of reading)

Samantha Perks presented the draft revised Terms of Reference (TOR) for the NYLAF.

It was noted that at the last meeting of the Forum, the TOR sub-group had agreed to review the TOR, this work had since been completed with the amended document and recommendations circulated to all members for comment; this now formed part of the agenda pack.

Members considered the recommendations, and requested that the following amendments be made at:-

·       1.1, the three references to “Area of Outstanding Natural Beauty” be amended to read National Landscapes, and again at Annex A;

·       3.3, the word “physiological” be replaced with the word, physiographical;

·       4.1, Recruitment of new members to be added to the list;

·       5.5 remove altogether;

·       5.6, the words “where possible” to be added to the end of the sentence - A reasonable balance of members representing different interests should be maintained ---------;

·       7.7, in the sentence - In the event of an equality of votes the Chair may exercise a second or casting vote - the word “equality” to be removed and replaced with equal number;

·       Annex A, the Police be added;

·       Annex B, first bullet point, the words “and practical” be added after appropriate.

Members then discussed the process for approving the communications sent out by the Secretary on the NYLAF’s behalf and the wording at 12.1.  The wording for the TOR was agreed by the Members, and the Chair requested that the Secretary record a list of communications sent for inclusion within the Secretary’s report for future meeting agenda packs

Councillor Hesletine queried if there was a requirement for the NYC Legal department to comment on the amended TOR, the Secretary confirmed that the matter had been referred to the Head of Democratic Services and Scrutiny, who had confirmed that NYLAF had the authority to set their own TOR.

In response to a query at 6.1 where it stated that Members of the Appointing Authority would not be eligible for the positions of Chair or Vice Chair of the LAF, it was explained that this rule was contained within the guidance for LAF’s, set by the Secretary of State.

 Resolved – That:

i.                Members noted the report;

ii.              The Secretary would record a list of the communications sent, to be included in the Secretary’s report;

iii.             The amendments listed above be made to the draft TOR;

iv.             The Terms of Reference item be added to the Forward Plan for the September 2024 meeting.

Considered:-

Members queried if the minutes from the 13 September 2023 were from the last meeting of the RAF, as they were of the opinion that Will Scarlet had attended a RAF meeting on 6 March 2024.  The Secretary confirmed that a meeting of the RAF had taken place on the 6 March 2024, and the minutes from that meeting had been circulated to Members outside of the agenda pack, as the minutes of the meeting had still been in draft form, and therefore, not accessible to the public, at the present time.

It was noted that on page 57 of the agenda pack it stated that the LAF would not be able to object to some aspects of an Improvement Scheme, Rachel Connolly highlighted that a LAF were not able to raise an objection, the LAF can only strongly recommend and advise.

Resolved – That:-

i.                 Members note the report;

ii.              The Secretary re-circulate the minutes of the RAF meeting from the 6 March 2024.

To note the current Forward Plan and consider any additions or amendments.

Considered –

Members considered the Forward Plan provided at Appendix 1 to the report, and in particular the proposed items of business for the next meeting of the Forum in September 2024.

Mr Kelly suggested that one Member act as the representative for the NYLAF and attend the meetings of the RAF, to enable them to feedback the information from the meetings.  The Chair stated that this would be a decision for Will Scarlet, however, while a decision was taken the Vice Chair agreed to attend the meetings.

In relation to the Local Transport Plan, Mr Kelly informed Members that colleagues in the Highways Team had expressed an interest in engaging with the NYLAF.  It was explained that things had been held in abeyance due to the Mayoral Election in May 2024, however, by September 2024 the team would be in a position to provide an update.

Resolved – That

i.                Patricia Coulson would attend RAF meetings as the NYLAF representative until further notice;

ii.              Alongside the items of business already listed, the following items would be added to the Forward Plan:-

25 September 2024

·       Coast to Coast as a standing item;

·       Attendance of the Assistant Director of Planning to provide an update following LGR and the re-structure of the Planning Teams;

·       Natural England – Environmental Land Management Scheme (ELM’s) (Provisional, depending on the information contained in the RAF minutes of the 6 March 2024);

·       NYLAF Terms of Reference;

·       Regional Access Forum;

·       Recruitment;

·       Local Transport Plan.

29 January 2025

·       Attendance of the new dedicated bridge engineer, Paul Tweed.

Any other items which the Chair agrees should be considered as a matter of urgency because of special circumstances

There were no other items.