The Regulation Committee convened to discuss public rights of way and planning enforcement. The committee noted a report on the work of the Public Rights of Way and Access Service, including challenges posed by application backlogs, and also reviewed ongoing planning enforcement cases, which were discussed in detail in a closed session due to confidentiality. Councillor Maxine Fothergill was elected as chair of the committee, and Mrs Bridget Porter was elected as vice chair.

Public Rights of Way and Access Service Update

The committee reviewed a report on the work of the Public Rights of Way and Access Service, presented by Graham Rusling, Head of Public Rights of Way & Access. The report provided an update on definitive map and statement applications¹, applications to divert, extinguish or create public rights of way, statutory deposits, land searches and temporary traffic regulation orders. The committee agreed to note the contents of the report.

Definitive Map and Statement Applications

Mr Rusling explained that the council has a duty to investigate applications to amend the definitive map and statement to add, upgrade, downgrade or delete a public right of way. He noted that during the period April 2024 to March 2025, 22 applications were determined, 19 orders were made and 10 were confirmed. There are currently 22 cases under investigation, with a further eight recently allocated.

Mr Rusling highlighted a significant backlog in processing these applications, stating that if an application were submitted today, it would take approximately eight years for the authority to address it. He attributed the backlog to an increase in applications following the Countryside and Rights of Way Act 2000, which initially set a cut-off date for recording historic rights of way. Although the government intends to repeal this provision, the number of applications continues to rise as stakeholders seek to safeguard established rights.

the government in 2000 and the countryside and rights of way act of 2000 that introduced, many of you may recall, what's widely referred to as a right to row. It was a right of access on foot to Mountain Moor, Heath and Down.

Mr Rusling suggested a potential change to the statement of priorities, recommending that applications based on current use be prioritised over those based on historic evidence, as the evidence for user-based claims diminishes over time.

Councillor Stuart Heaver sought clarification on the percentage of the backlog related to historic applications versus general applications. Mr Rusling responded that historic applications now constitute a larger proportion of the backlog, reversing a previous trend.

Diversion, Extinguishment, or Creation of Public Rights of Way

The council also processes applications from landowners to divert or extinguish public rights of way under the Highways Act 1980, or the Town and Country Planning Act 1990. Mr Rusling clarified that while the council is not obligated to make orders, it often does so to assist land management and private homeowners, recovering costs for the work involved.

Impact of Development on Rights of Way

Mr Martin Paul asked about the process when a landowner wants to sell land to a property developer where rights of way are affected. Mr Rusling clarified that these situations are dealt with under the Town & Country Planning Act, and such cases are prioritised to avoid delays in development.

What's the point in someone applying on historic evidence to say, or even user evidence, there's a public right between A and B, and by the time you get to consider it, Sainsbury's now occupies that space.

Update on Planning Enforcement Cases

The committee received an update on planning enforcement cases. Due to the confidential nature of the cases, the details were discussed in an exempt session, excluding the press and public, to protect case strategies, court evidence, and the safety of members, officers, and the public.

The report before the committee outlined the current planning enforcement workload of the Planning Applications Group since 20 January 2025. The cases involve minerals, waste management, and the council's own developments, divided into unauthorised sites and compliance work within sites granted planning permission.