Council motion

MOTIONS TO COUNCIL – MEMBER TEMPLATE Title of Motion Funding to address the under resourcing of the Countryside Access Team in its attempt to fulfil the statutory duties that Cornwall Council have in the discharging of applications for the Definitive Map Modification Orders and Section 130a Notices Proposer Cllr John Fitter Seconder Cllr Alan Jewell Supporters (a minimum of three are required) Cllr Jane Pascoe. Cllr John Thomas M.B.E. Cllr Mike McLening. Recommendation for Council to vote on That Cornwall Council takes such steps that are necessary to address the current delays in the determination of Definitive Map Modification Orders and Section 130a notices. Context for the motion (i.e. why is the motion being submitted – what is the proposer aiming to achieve) The current situation is untenable and unless addressed will have a detrimental effect upon the reputation of Cornwall Council and its ability to safe guard our network of Public Footpaths and Bridleways of which we have in total 2631 miles. The current problem, which has been partly inherited from the previous Cornwall County Council, is that we have up to 137 Definitive Map Modification Orders awaiting determination, which does mean that the vast majority will wait over ten years to be determined at the current rate of progress instead of the target time of one year. Along with D.M.M.O the service has to deal with section 130a notices which deals with the obstructions on right of ways. As of the 6th of April 2017 the authority were able to confirm that in the year 2016 to April 2017 20 notices regarding obstructions were served on the Council and on April 6th 2017 the number of outstanding enforcement cases were 93 and at the current rate are taking a number of years to resolve. The Access and Bridleways Countryside and Rights of Way Act- section 53 provides for a cut off date in 2026 when historic bridle ways and footpaths that are not recorded on the definitive map by 2026, and that were in use prior to 1949 will automatically be deemed stopped up on the 1st of January 2026. It is noted that through the British Equestrian Federation, with the support from Sports England, The British Horse Society project 2026 have chosen Cornwall to pilot multiple applications to address the risk of bridleways being deemed stopped up. As members we are all aware of the value of our network of footpaths and bridle ways, be it from the Health Agenda benefit they give to our communities which is recognised by policy 23 Natural Environment and policy 16 Health and Wellbeing both from the Cornwall Local Plan or the attraction that our chain of footpaths have to our visitors be it winter or summer. Our footpaths and bridle ways are but one of the jewels in Cornwall's crown of natural beauty but we must ensure that they do not become the Cinderella of funding while on our watch. Does the motion*:- (i) have potential financial implications for the Council – if so advise what these might be This is a management decision and if extra staff are deployed then there would be cost implications (ii) have potential legal/constitutional implications for the Council – if so advise what these might be Failure to deal with the outstanding application in a timely manner may well have legal consequences for the authority (iii) require further background information to enable the Council to make a decision and/or require detailed consideration – if so advised what might be required *Should any/all of (i)-(iii) apply it is likely that the constitutional provision of referring the motion to the relevant Committee will apply.