Issue - meetings

To seek approval to make representations to the Secretary of State requesting formal abandonment of the West Bromwich Draft Map under section 55 (1) (b) of the Wildlife and Countryside Act 1981.

Resolved:-

(1) That the Director of Regeneration and Growth and the Director Law & Governance & Monitoring Officer be authorised to make representations to the Secretary of State requesting formal abandonment of the West Bromwich Draft Map under section 55 (1) (b) of the Wildlife and Countryside Act 1981.

(2) That the Director of Regeneration and Growth and the Director Law & Governance & Monitoring Officer be authorised to take the necessary steps under section 55 of the Wildlife and Countryside Act 1981 to create the West Bromwich Definitive Map and Statement.

(3) That the Director of Regeneration and Growth be authorised to procure external support to carry out this work as required.

Approval was sought to authorise the Director of Regeneration and Growth and the Director of Law and Governance and Monitoring Officer to make representations to the Secretary of State requesting formal abandonment of the West Bromwich Draft Map under Section 55 (1)(b) of the Wildlife and Countryside Act 1981 and take the necessary steps, under this legislation, to create the West Bromwich Definitive Map and Statement.

                  Reasons for Recommendations

                  The Council proposed to abandon the draft map and statement under the 1949 Act and commence the creation of a new Definitive Map & Statement under the 1981 Act. To do this, the Council was required to make an application to the Secretary of State seeking a direction to abandon the survey carried out under the 1949 Act in relation to West Bromwich in its entirety. If the Secretary of State approved the abandonment under section 55, the Council would be required to prepare a new draft map and statement for the West Bromwich area in accordance with the 1981 Act.

                  The abandonment process and subsequent creation of the definitive map and statement for the West Bromwich area would allow the Council to comply with its statutory duty of having a Definitive Map and Statement and keeping it up-to-date and under continuous review as required by the 1981 Act. Furthermore, once the West Bromwich Definitive Map and Statement was confirmed, the Council could consolidate the nine separate maps into a single Sandwell Definitive Map and Statement.

                  The Definitive Map and Statement would also give much greater certainty for property search enquiries in the West Bromwich area. The map would also allow a more robust method of managing the public right of way network, particularly where issues were raised in relation to lack of maintenance or obstructed routes. The Definitive Map would also allow formal map modification to remove routes that had been legally stopped up or diverted. Current legislation did not allow formal modification of a draft map.

                  Alternative options considered

In September 2016, members were briefed on the West Bromwich draft map and statement situation.

In November 2016, advice was sought from a leading PRoW

Barrister on this alternative approach and how best to proceed. The advice from the Barrister stated that the principal risk of the alternative approach was the significant delay in preparing the Definitive Map for West Bromwich. This was because the Council would continue to be in breach of its statutory duty as it would be neither completing the process of preparing its Definitive Map under the 1949 Act, nor would it be abandoning that process and proceeding to prepare a Definitive Map under the 1981 Act. Instead, pursuing the extinguishment/diversion of obstructed highways was undertaken using legislation entirely separate from that of preparing the Definitive Map. Consequently, whilst pursuing the stopping up and diversion orders, the Council would not be actively preparing its Definitive Map and so would continue to be in breach of its statutory duty, with no real defence against judicial review.

In addition,  ...  view the full minutes text for item 133