Prow Officer Delegation. Importance High.

holmfirth fp 166 (1 of 1)

Under s147 of the Highways Act 1980 the Council,as highway authority, has powers to authorise the erection of gates,stiles or other structures on public rights of way. Landowners must obtain this authority prior to erecting any new structure on a public path.

The circumstances for granting authority are pretty limited and usually agricultural in nature. Best practice is to keep paths clear of structures as far as possible and go for the least restrictive option such as a gap or gate rather than any type of stile. The structure should meet BS:5709  

The days of putting up any old thing on a path are gone and any structure not properly authorised or in conflict with the councils obligations under the disability discrimination act are rightly open to challenge.

In Kirklees the straightforward  s147 process is delegated to officer level and is carried out very well. The rights of way network is slowly improving as outdated and unauthorised structures which limit who can use the network are removed and replaced with something fitting BS:5709.

Holme Valley South Councillor Nigel Patrick contacted the Council’s senior legal officer in November 2018 to ask if a delegated officer decision under s147 can be referred to committee if he is unhappy with it.

Is Councillor Patrick  unhappy because of an excess of poor stiles and structures being authorised by officers ? Or is he unhappy because of something else?

Councillor Patrick’s request is certainly an interesting one. Decisions under s147 are very straight forward as the law is  clear on the limited circumstances a council can authorise a structure on a public right of way. Most councils delegate a wide range of simple decision making to officer level for the efficient running of the authority. The suggestion of  s147 decisions being subject of a committee approval would make the whole process more bureaucratic, expensive and inefficient. Who would it benefit?

 

 From: Cllr Nigel Patrick
Sent: 29 November 2018 16:58
To: Julie Muscroft <Julie.Muscroft@kirklees.gov.uk>
Subject: PROW Officer Delegation and the Constitution
Importance: High
Dear Julie,
Officers in public rights of way are making decisions under the officer scheme of delegation. For example officers
decide if a structure, like a gate, can be authorised under s147 of the Highways Act. As a ward councillor who may
be unhappy with an officer recommendation/ decision, can I ask that an officer recommendation/decision is
referred to a committee for decision and if so which committee?
Please advise
Thanks
Councillor Nigel Patrick
Holme Valley South Ward
Kirklees Council

From: Cllr Nigel Patrick
Sent: 07 December 2018 17:18
To: Julie Muscroft <Julie.Muscroft@kirklees.gov.uk>
Subject: RE: PROW Officer Delegation and the Constitution
Dear Julie,
Rob and have told me I cannot refer things to a committee. I know DMMO’s and Diversion applications go to
committee, but I have been told that a S147 authorisation for new structures on a prow cannot be determined by
committee. Is that true?
Then we look at committee. I am a sub for planning committees which means I can attend any of the planning
committees including strategic. As you know we get annual update training which we are forced to attend. I have
never been trained in prow matters so why are prow matters taken to these committees? Is it not time we had a
Highways Committee which dealt with prow matters and the committee members were trained in prow matters?
This would solve many of the problems which are piling up. Far too many for planning committees to deal with. They
are busy enough. We use to have a Planning and Highways Committee so why not bring it back but just call it the
Highways Committee?
Can this be done and if so how?
Councillor Nigel Patrick
Holme Valley South Ward
Kirklees Council

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