Agenda item

The Rights of Way Officer introduce the report and reminded Members of the need to have regard to paragraphs 2, 42, 44 and 45 of the report whilst considering and making a decision.

Members of the committee had visited the site on the 3 November 2016 and the Access and Rights of Way Officer tabled notes of the visit.  Maps and photographs were displayed at the committee meeting.

The following spoke under the Public Participation at Meetings Scheme:

·         Mr Christopher Woods, Secretary of Peak District Green Lanes Association in Support, (also speaking on behalf of Friends of the Peak District and Peak Horsepower)

Cllr C Furness proposed a motion to defer a decision until Derbyshire County Council had ruled  regarding the status of the lane.  Officers explained that deliberation regarding the implementation of a Traffic Regulation Order (TRO) by this Authority would not impact on the determination of the legal status by the Highways Authority.

Members had noted at the site visit that there was evidence that motorised vehicles are and had been using the location and there were tracks over a large area of the field. 

The Rights of Way Officer confirmed that access for cavers and others requiring to use the lane would be on application which would allow reasonable access.  Access could be allowed up to the barriers.  Registration of the vehicles details would be recorded to ensure monitoring of the use under this scheme.

The motion to defer a decision was not seconded.  The Legal Officer referred to Paragraph 11 of the report which confirmed that the Authority was within it’s powers to implement a TRO on a route even though the legal status had not yet been determind..

The Rights of Way Officer reported that guidance from Defra confirmed that TROs can be used to prevent problems from happening and not just to stop the damage once it had already occurred.  Evidence from the consultation indicated a preventative measure is required.

Following discussion on the reasons for a TRO the motion to defer was withdrawn.

A motion for option (i) as set out in paragraph 44 of the report was moved, seconded, put to the vote and carried.

RESOLVED

Members decided the appropriate option having regard to the option analysis in the report was Option (i) of paragraph 44 of the report.

(i)Permanent TRO (permanent prohibition of all mpvs at all times)

Resolution: the Authority proceeds to make a Permanent Traffic Regulation Order under Section 22 BB(2)(a) Road Traffic Regulation Act 1984 that will have the effect of prohibiting use by mechanically propelled vehicles at all times on Derby Lane (subject to specified exceptions).

The meeting was adjourned from 10.35 until 10.40