Five-year moratorium proposed for public path orders in Powys to allow staff to deal with backlog

At a meeting of the Planning and Taxi Licensing and Rights of Way committee on Thursday, councillors were given a presentation on a possible streamlined and quicker way of dealing with public path orders as the authority attempts to deal with its backlog of around 200 orders.

A public path order is the process where a public right of way, footpath, bridleway, or restricted by-way can be diverted, a new path created or it can be extinguished.

There are around 12,000 footpaths and by-ways in Powys.

Countryside access and recreation officer, Sian Barnes explained the “all encompassing” review.

In 2010, the council received up to 25 applications a year – this created a backlog even then.

The flow of applications had been “stemmed” said Ms Barnes by being “very honest” with applicants and telling them there could be a 10-year delay before their path order is dealt with.

Since then, the number of applications has gone down to around eight to 10 a year.

But with more scrutiny of applications and objections lodged against them, staff are having to spend more time in talks and negotiation – which further slows the process down explained Ms Barnes.

Another problem is that the team who real with the applications has seen their budget slashed and staff reduced by 60 per cent.

There is now a backlog of over 200 path orders and Ms Barnes said that it is estimated that dealing with 111 of these applications will cost the council over £188,000 in officer time and just under £100,000 in unrecovered advertising fees.

Currently the fee for an application made this year is £1,753, but older applications pay a fee that was set at that time of submission.

The service is supposed to cover its cost.

Free farmyard path modifications would be scrapped as part of the new policy and Ms Barnes explained that Ceredigion council and the Brecon Beacons National Park Authority are already charging a fee for this type of application.

Ms Barnes said: “We are proposing a moratorium on accepting new public path order cases for a period of five years.”

“This will allow us the time to review and address the current case load.

Ms Barnes explained that there would need to be some “exemptions” such as development related cases.

Ms Barnes said: “We are also proposing that all applicants need to take much more responsibility for the order making process.”

This would mean that applicants run their own informal pre-order consultations as well as deal with objections

Applicants would also need to put together arguments for the path order if proposals are called in to be dealt with by planning inspectors.

Councillor Gareth E Jones said: “This confirms my view that you are an underfunded service.”

Councillor Iain McIntosh said: “The changes we’re proposing are going to help but ultimately, we’re still up against it.

“Is it worth us recommending that the portfolio holder writes to the relevant (Welsh Government) minister, makes them aware of the situation and requests we get further resources to have more staff and improve the service.”

Committee chairman, Councillor Karl Lewis said he was “more than happy” to contact the Welsh Government with that suggestion.

The committee agreed to support the proposals which will eventually be subject to a delegated decision by the cabinet member for a greener Powys, Councillor Jackie Charlton, at a future date.