|
As Amendments to Mr Michael Meacher's proposed New Schedule (NS4):—
Mr David Kidney
(a)
Line 5, at end insert—
'. After section 26 of the 1980 Act there is inserted—
| "Application for a public path creation order. | 26A.—(1) Any person may apply to a council for the area in which the land is situated for the making of a public path creation order to create a footpath or bridleway over the land.
(2) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which the public right of way would be created, and by such other information as may be prescribed.
(3) An application may be made by the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses for a creation order concurrently with an application under section 118ZA or 119ZA for a public path diversion order or extinguishment order, and such an application is referred to in this section as a "concurrent application".
(4) Regulations may provide—
(a) that a prescribed fee is payable on the making of a concurrent application under this section, and
(b) that further prescribed charges are payable by the applicant if the application is granted.
(5) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
(6) A council which receives an application under this section shall, after consulting such persons as may be prescribed, determine the application as soon as reasonably practicable.
(7) Before determining to make a public path creation order on a concurrent application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 below.
(8) Where—
(a) an application under this section has been made to a council and
(b) the council have not determined the application within twelve months of receiving it,
the Secretary of State may, at the request of the applicant and after consulting the council, direct the council to determine the application before the end of such period as may be specified in the direction.
(9) As soon as practicable after determining an application under this section, the council shall—
(a) give to the applicant notice in writing of their decision and the reasons for it, and
(b) give a copy of the notice to such other persons as may be prescribed.
(10) This section has effect subject to the provisions of sections 121A and 121C below.
(11) In this section—
"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Secretary of State.'.
|
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(b)
Line 16, at end insert—
'(c) to have due regard to the desirability of preserving—
(i) any scheduled monument as defined by section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979, or
(ii) any other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(c)
Line 26, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(d)
Line 35, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Kidney
(e)
Line 51, at end insert ', after consulting such persons as may be prescribed,'.
Mr David Kidney
(f)
Line 62, leave out 'four' and insert 'twelve'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(g)
Line 90, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Heath
(h)
Line 90, leave out from 'is' to second 'area' in line 91, and insert 'in their'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(i)
Line 90, leave out 'both'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(j)
Line 91, leave out 'and in a designated urban area'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(k)
Line 95, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Heath
(l)
Line 96, after 'school', insert ', nursery school or pre-school playgroup'.
Mr David Heath
(m)
Line 97, after 'protecting', insert 'children using the facility,'.
Mr David Heath
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(n)
Leave out lines 145 to 147.
Mr David Kidney
(o)
Line 146, leave out from 'order' to end of line 147 and insert 'under Section 121F below'.
Mr David Heath
(p)
Line 148, after 'school', insert ', nursery school or pre-school playgroup'.
Mr David Kidney
(q)
Leave out lines 162 and 163 and insert—
'(a) for "the representations of an owner, lessee or occupier of land crossed by the path or way" there is inserted "on an application under section 119ZA below", and'.
Mr David Kidney
(r)
Line 164, leave out 'or representations'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(s)
Line 171, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Kidney
(t)
Line 211, at end insert ', after consulting such persons as may be prescribed,'.
Mr David Kidney
(u)
Line 216, leave out 'four', and insert 'twelve'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(x)
Line 247, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Heath
(v)
Line 247, leave out from 'is' to second 'area' in line 248, and insert 'in their'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(w)
Line 247, leave out 'both'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(y)
Line 248, leave out 'and in a designated urban area'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(z)
Line 253, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Heath
(aa)
Line 254, after 'school', insert ', nursery school or pre-school playgroup'.
Mr David Heath
(bb)
Line 255, after 'protecting', insert 'children using the facility,'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(cc)
Line 265, leave out 'bridleway' and insert 'way'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(dd)
Line 266, leave out 'bridleway' and insert 'way'.
Mr David Kidney
(ee)
Line 288, at end insert ', and which is substantially as convenient to the public'.
Mr David Kidney
(ff)
Line 319, at end insert—
'(e) the relative convenience to the public of the existing path or way and the proposed new right of way, and
(f) the effect which the diversion would have on public enjoyment of the path or way as a whole.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(gg)
Line 331, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Heath
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(hh)
Leave out lines 341 and 342
Mr David Kidney
(ii)
Line 342, leave out '118B(9) above' and insert '121F below'.
Mr David Heath
(jj)
Line 343, after 'school', insert ', nursery school or pre-school playgroup'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(kk)
Line 346, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
(ll)
Line 349, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr David Kidney
(mm)
Line 454, after 'that', insert 'the path or way will not be substantially less convenient to the public in consequence of the diversion and that'.
Mr David Kidney
(nn)
Line 773, after 'public', insert 'free of charge'.
Mr David Kidney
(oo)
Line 934, at end insert—
| 'Designation orders. | 121F.—(1) The Secretary of State shall have power to make an order (in this section referred to as a "designation order") designating an urban area as an area in which sections 118B and 119B for the time being apply. (2) A designation order may be made only on the application of the local highway authority for the area which is the subject of the order.
(3) Such an application must be made in such form and accompanied by such information as shall be prescribed.
(4) Before submitting an application the local highway authority shall—
(a) give notice of its intention to submit an application;
(b) permit inspection free of charge of the application and supporting information;
(c) provide the opportunity for objections and representations to be made; and
(d) consult such bodies as may be prescribed;
in such form and manner as shall be prescribed.
(5) In his consideration of the application and any objections and representations made to the local highway authority the Secretary of State—
(a) may hold a public inquiry;
(b) shall be required to satisfy himself that the proposed designation is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998;
(c) may reject the application or approve it in the terms of the application or such varied terms as he shall think fit but so that in the case of variation the area referred to in the order may not be greater than that referred to in the application.
(6) An order made by the Secretary of State under this section shall be accompanied by a plan showing the designated area and the routes of all the footpaths and bridleways within the area.
(7) An order made by the Secretary of State under this section shall be for a period not exceeding five years and the Secretary of State shall have power to make one or more further orders for subsequent periods but only upon receipt of further application.
(8) Where an order has been made by the Secretary of State the authority shall—
(a) publicise the making of the order; and
(b) keep available for public inspection free of charge a copy of the order and the plan referred to in subsection (6) above in such manner as shall be prescribed.
(9) In this section "prescribed" means prescribed by regulations made by the Secretary of State.'.
|
|
