Agenda item

The Committee is requested to note its Terms of Reference agreed by Council on 22^nd May 2018.

Terms of Reference

Functions

Full Council has delegated to the Public Rights of Way and Greens Committee all functions relating to public rights of way and greens are as specified in Regulation 2 and Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) under the following provisions and any related secondary legislation:

List A – Non-Executive Functions Delegated to the Resources Directorate

1.       Functions relating to the registration of common land and town or village greens (part 1 Commons Act 2006 and the Commons Registration (England) Regulations 2008);

2.       Power to register variation of rights of common (Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471));

3.       Power to apply for an enforcement order against unlawful works on common land (Section 41 Commons Act 2006);

4.       Power to protect unclaimed common land and unclaimed town and village greens against unlawful interference (Section 45(2)(a) Commons Act 2006);  and

5.       Power to institute proceedings for offences in respect of unclaimed registered common land or unclaimed town or village greens (Section 45(2)(b) of the Commons Act 2006).

List B – Non-Executive Functions Delegated to the Communities  and Growth and Regeneration  Directorates

6.       Power to grant a street works license (section 50 of the New Roads and Street Works Act 1991 (c.22)).

7.       Power to permit deposit of builder’s skip on highway (section 139 of the Highways Act 1980 (c.66) (“the Act”)).

8.       Duty to publish notice in respect of proposal to grant permission under section 115E of the Act (section 115E of the Act).

9.       Power to license planning, retention and maintenance of trees etc. in part of highway (Section 142 of the Act).

10.     Power to authorise erection of stiles etc. on footpaths or bridleways (section 147 of the Act).

11.     Power to license works in relation to buildings etc. which obstruct the highway (Section 169 of the Act).

12.     Power to consent to temporary deposits or excavations in streets (section 171 of the Act).

13.     Power to dispense with obligation to erect hoarding or fence (section 172 of the Act).

14.     Power to restrict the placing of rails, beams etc over highways (section 178 of the Act).

15.     Power to consent to construction of cellars etc. under street (section 179 of the Act).

16.     Power to consent to the making of openings into cellars etc. under streets and pavement lights and ventilators (section 180 of the Act).

17.     Power to create footpath, bridleway or restricted byway by agreement (section 25 of the Act (C.66)).

18.     Power to create footpaths, bridleways and restricted byways (section 26 of the Act).

19.     Duty to keep register of information with respect to maps, statements and declarations (section 31A of the Act).

20.     Power to stop up footpaths, bridleways and restricted byways (section 118 of the Act).

21.     Power to determine application for public path extinguishment order (sections 118ZA and 118C(2) of the Act).

22.     Power to make a rail crossing extinguishment order (section 118A of the Act).

23.     Power to make special extinguishment order (section 118B of the Act).

24.     Power to divert footpaths, bridleways and restricted byways (section 119 of the Act).

25.     Power to make a public path diversion order (sections 119ZA and 119C(4) of the Act).

26.     Power to make a rail crossing diversion order (section 119A of the Act).

27.     Power to make a special diversion order (section 119B of the Act).

28.     Power to require applicant for order to enter into agreement (section 119C(3) of the Act).

29.     Power to make an SSSI diversion order (section 119D of the Act).

30.     Duty to keep register with respect to applications under sections 118ZA, 118C, 119ZA and 119C of the Act (section 121B of the Act).

31.     Power to decline to determine certain applications (section 121C of the Act).

32.     Duty to asset and protect the rights of the pubic to use and enjoyment of highways (section 130 of the Act).

33.     Duty to serve notice of proposed action in relation to obstruction (section 115E of the Act).

34.     Power to apply for variation of order under section 130B of the Act (section 130B(7) of the Act).

35.     Power to authorize temporary disturbance of surface of footpath, bridleway or restricted byway (section 135 of the Act).

36.     Power temporarily divert footpath, bridleway or restricted byway (section 135A of the Act).

37.     Functions relating to the making good of damage and the removal of obstructions (section 135B of the Act).

38.     Powers relating to the removal of things so deposited on highways as to be a nuisance (section 149 of the Act).

39.     Power to extinguish certain public rights of way (section 32 of the Acquisition of Land Act 1981 (c.67)).

40.     Duty to keep definitive map and statement under review (section 53 of the Wildlife and Countryside Act 1981 (c.69)).

41.     Power to include modifications in other orders (section 53A of the Wildlife and Countryside Act 1981).

42.     Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside Act 1981 (section 53B of the Wildlife and Countryside Act 1981).

43.     Power to prepare map and statement (section 57A of the Wildlife and Countryside Act 1981).

44.     Power to designate footpath as cycle track (section 3 of the Cycle Tracks Act 1984 (c.38)).

45.     Power to extinguish public right of way over land acquired for clearance (section 294 of the Housing Act 1981 (c.68)).

46.     Power to enter into agreements with respect to means of access (section 35 of the Countryside and Rights of Way Act 2000 (c.37)).

47.     Power to provide access to absence of agreement (section 37 of the Countryside and Rights of Way Act 2000).

48.     Power to make limestone pavement order (section 34(2) of the Wildlife and Countryside Act 1981 (c.69)).

49.     Power to discharge and acquire from other authorities, functions relating to Definitive Map Modification Orders and Public Path Orders (section 101 of the Local Government Act 1972.

Resolved – that the Terms of Reference be noted.