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ITEM EX13

EXECUTIVE – 14 OCTOBER 2003

RIGHTS OF WAY IMPROVEMENT PLAN

Report by Head of Sustainable Development

Introduction

1. The Countryside and Rights of Way Act 2000 requires local highway authorities to prepare, publish and review a statutory document to be known as the Rights of Way Improvement Plan ("the Plan"). The Plan is intended to be the prime means by which a highway authority details how it will improve management and provision of its public rights of way network in order to meet the Government’s aim of better provision for walkers, cyclists, equestrians and people with mobility problems, especially in light of the contribution it can make to transport, recreation and health.
2. Statutory guidance on the rights of way improvement planning process has been issued (a copy is available in the Members’ Resource Centre). It is designed to ensure that the Plan’s preparation is based on thoroughly researched, robust and meaningful investigations that are supported by the local authority, partner organisations as well as the different user groups and the general public. In drawing up the Plan, authorities are required to assess:
   
   

1. the extent to which local rights of way meet the present and likely future needs of the public;
2. the opportunities provided by local rights of way for exercise and other forms of open-air recreation and the enjoyment of their area;
3. the accessibility of local rights of way to blind or partially sighted persons and others with mobility problems;
4. such other matters as the Secretary of State may direct.
   
   
3. In addition to this assessment, the Plan must also include a statement of the action that the authority proposes to take for the management of the local rights of way network and for securing an improved network of local rights of way, with particular regard to the matters dealt with in the assessment.
4. The regulations dictate that the Plan has to be produced by 20 November 2007. However, the Department for Environment, Food and Rural Affairs (DEFRA) has decided that rights of way improvement planning should be incorporated into the local transport planning process from 2005 onwards with the Rights of Way Improvement Plan comprising a distinct strand within the new Local Transport Plans. Therefore the Plan for Oxfordshire will be produced in line with this LTP target timescale.
5. This report sets out a five-stage Action Plan needed to deliver the preparation of Oxfordshire’s Rights of Way Improvement Plan within the context of the published regulations and guidance, the Oxfordshire Plan and the timescale of the Local Transport Plan.
6. At their meeting on 26 September 2003 the Oxfordshire Countryside Access Forum will be agreeing their response to this Action Plan. As this will be after the deadline for this report the Forum’s advice will be reported separately at the meeting. The Forum is an independent statutory advisory body, established by the County Council under the Act to provide advice on improving access to Oxfordshire’s countryside.

The Five-Stage Action Plan

7. The Aim of the Action Plan is to produce a thoroughly researched and robust document, that is contributed to and supported by local authorities, partner organisations, user groups and the general public.
8. In order to meet the target deadline of Local Transport Plan issue in May 2005, it is proposed to adopt the following process:

Stage 1 - Scoping and initial consultation – by December 2003

Stage 2 - Assessment and Evaluation – by April 2004

Stage 3 - Final Analysis and Statement of Action – by September 2004

Stage 4 - Publication of and consultation on the Draft Plan -by January 2005

Stage 5 – Publication of the Final Plan – by May 2005

9. Stage 1: Scoping and Initial consultation – These areas of study and the processes involved are detailed in Table 1. This stage is expected to be complete by December 2003.
10. Stage 2: Assessment and Evaluation – A detailed assessment that further develops information in Stage One will then have to be undertaken in order to research and describe the needs of different users or potential users, the wider interests relating to rights of way, the current provision of physical and intellectual access, and local use and demand. Table 2 highlights the areas and techniques that will be covered in the assessment. Although primary research has and will be undertaken, use will be made of existing data sources and best practice at a local, national and international level. This research is expected to be concluded by April 2004. Based on this information, an evaluation of the adequacy of current route provision and management will be made which will form the basis of the statement of Action. This evaluation will:
    
    

1. describe the existing and likely future needs of different classes of users of local rights of way and the accessibility of local rights of way to blind or partially sighted people and others with mobility problems;
2. identify areas where provision for one or more class of user is considered to be deficient or is likely to be deficient in the future and indicate the scale of these deficiencies;
3. specify other shortcomings identified by the review.
   
   
11. On conclusion of this stage of the evaluation views on the work so far, representations on this and proposed future improvements will be invited from relevant partner and interest organisations. This information will also be made available on the County Council’s website, inviting comments and suggestions from the general public. We expect to conclude this stage by September 2004.
12. Stage 3: Final Analysis and Statement of Action - Once the feedback has been completed for Stage Two all representations will be analysed and incorporated as appropriate into the Plan. This will enable an informed final assessment of the matters set out in the Act and those important to respondents. Conclusions about the strengths and weaknesses of the local rights of way network will then be made and specific areas where action is needed will be identified.
13. The final part of the Plan’s preparation is the compilation of a Statement of Action. This will take full account of the assessment and set out the action necessary for the management of local rights of way, and for securing an improved network of rights of way, with particular regard to the matters dealt with in the assessment. The Statement of Action will state the proposals we intend to take, and in broad terms show how these will be realised. Each type of user or non-user will have an objective and targets for improving and managing their relevant rights of way. This will include the proposed action, estimated costs, key organisations that will be involved, and the timescale for completion of the action.
14. In developing the Statement of Action and as a part of day to day access work, consideration will be given to the implementation of small-scale improvements to the network that may have been identified in the course of the assessment, particularly those which may be capable of being implemented at an early stage – for example, creating or upgrading small scale sections of path to link with others to form useful circular or linear routes or securing the removal of barriers on paths that could be used by people with mobility problems.
15. This Statement of Action will be county wide and will not provide the specific details of parish or individual path proposals, even though these may have been considered as part of the assessment and consultation (and will in any case be retained for possible future implementation). Instead the Statement of Action forms a strategic level plan that can be referred to in, for example, development, health or transport plans. We expect to conclude this stage by January 2005.
16. Stage 4: Publication and consultation of the Draft Plan – The approved draft Plan must be published, and notices published in two or more local newspapers, of how a copy of the draft can be inspected or obtained and how representations on it can be made to the local highway authority. In addition the report and a comment facility will be made available on the website. In addition we will actively seek contributions from the people and organisations that have contributed to the plan, as well as including neighbouring authorities, local councils and other bodies.
17. A twelve week period will be allowed for representations. All representations will be acknowledged and must be considered by the authority. Consultation on the Plan will not replace any requirement for consultation as and when specific proposals for action are taken forward. The publication of the Plan does not affect people’s right to make representations or objections to public path orders that may be made in the light of plans, nor the opportunity to have those representations or objections heard. We expect to conclude this stage by April 2005.
18. Stage 5: Publication of the Final Plan – When the draft Plan has been amended and agreed by the Council, the final version will be published and made widely available in printed form and on the website. The Final Plan will be available by May 2005 to form a self-contained part of the Local Transport Plan.

The Next Steps

19. Subject to approval of the recommendations, work will commence immediately on the first and second stages of the process. An awareness and consultation exercise will be undertaken with all internal and external stakeholders and the relevant plans, policies and documents will be further scrutinised. It is envisaged that within four months the formal assessment stage will have commenced.

Financial and Staff Implications

20. Additional funding was allocated in the 2001/02 Policy and Budget Plans towards the new duties brought about by the Countryside and Rights of Way Act 2000. Part of this sum has funded the establishment of the post of Strategic Countryside Access Officer, part of whose duties covers this task. The costs of preparing and consulting on the Plan are also covered by this budget increase. The financial and staff implications arising from this new duty have therefore already been provided for.
21. There has been no allocation of funds for the implementation of the plan once it has been produced and there is no duty on the authority to implement the Plan. However, there is likely to be public expectation that the Plan is implemented. This is likely to form a bid in next year’s budget.

RECOMMENDATION

22. The Executive is RECOMMENDED, subject to consideration of the Oxfordshire Countryside Access Forum’s advice (to be reported at the meeting) to:

1. approve the five stage process for the preparation of the Oxfordshire Rights of Way Improvement Plan and instruct officers to progress the preparation of the Plan in line with this process;
2. agree the establishment of an informal working group of relevant officers, the Executive Member for Learning & Culture and the Executive Member for Transport, to ensure that the Action Plan is delivered effectively.

CHRIS COUSINS
Head of Sustainable Development

Background papers: DEFRA Statutory Guidance on Rights of Way Improvement Plans

Contact Officer: Paul Harris, Strategic Countryside Access Officer. Tel: 01865 810206

October 2004

Table 1: Stage 1 – Scoping and initial consultation with internal and external bodies and their documents

For all of these bodies, the following will be achieved:

• Identify and positively engage with the specific contact
• Informing about the ROWIP process, timescales and opportunity for involvement.
• Request copies of documents including policies and guidelines where countryside access could fit or where that document fits in with scope of ROWIP

We will contact using a variety of means:

Table 2: Stage 2 - The areas and techniques to be employed in the assessment of the needs of different types of user

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