Agenda and draft minutes

Julian Sanders, Solicitor, declared an interest as a player/member of Usk Cricket Club and took no part in the meeting.

County Councillor Jane Lucas was unable to attend the site visit, attended part of the meeting but was unable to vote.

County Councillor Tony Easson attended part of the site visit then took no part in the meeting as he would be unable to vote.

The legal position was explained, then the report and a PowerPoint slides were presented by the Countryside Access Manager and Assistant Rights of Way Officer to set out the details of the case.

It was explained that the report had been compiled to act within the approach to be fair, impartial and operating the principles of natural justice. It set out the full background, legislation, policy, objection and other evidence in respect of a request for an order to be made under Section 119 of the Highways Act 1980 for Public Footpath 1 Usk. Its purpose is to assist Members of the Taxi and Regulatory Rights of Way Advisory Committee to decide as to whether an order should be made to divert part of Footpath 1 Usk and to inform all other interested parties.

In deciding whether to make an order the Authority is exercising a power, not a duty. If decisions are objected to, they may be tested at an inquiry, hearing or by written representations by an Inspector appointed by Welsh Government. Decisions must be readily justified under the criteria of the relevant Acts.

The Committee needed to consider the legal tests and decide whether or not the authority should make an order to divert Footpath 1 Usk; making of the order enables the public consultation to commence.

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The Council can only confirm the order if it is unopposed.  In making the decision, the committee is acting in a quasi-judicial capacity. Decisions should only take into account the statutory tests and objectives, and the product of the consultation carried out.  The decision should be based on evidence and the Committee was reminded that it should be satisfied that the application meets its statutory test.

Order making is a two-stage process for a diversion order under the Highways Act. There are separate legal tests to satisfy for the making of an order and then for its confirmation. Once an order is made, it's subject to public consultation and is advertised, and the public may make objections and representations, if any objections or representations to an order are made and not withdrawn, the Council may not itself confirm the order. If it still wishes to see it confirmed, it can refer it to the Planning Inspectorate or Planning and Environment Decisions Wales (PEDW) for confirmation.  The inspector may only confirm the order if it's satisfied that the test for confirmation is met.

Under the Highways Act a two-part test should be met to allow the authority to make an order.  The new path must join highway to highway and must be substantially as convenient to the public.  A diversion order has the effect of extinguishing an old path and at the same time creating a new path.  The Highways Authority can then create an extinguished path under section 119 if it is in the interests of either the landowner or in the interests of the public.

Under the Act, various tests have to be met to allow the confirmation  ...  view the full minutes text for item 2.