Agenda Item No. 6ii Rights Of Way Committee

26 February 2013

Highways Act 1980 Section 25

Burgess Hill / / Hurstpierpoint: proposed creation of Public Footpaths and Public Bridleways

Report by Director for Communities Commissioning

Executive Summary

Over recent years Mid District Council has actively supported off-road access around the edge of by installing new paths for public use. These have proven very popular with walkers, pedal cyclists and horse-riders as safe and convenient access routes.

A local scheme to support wider access and increased environmental awareness, the Burgess Hill Green Circle, has integrated these paths into the wider initiative. So as to formalise status of the paths and enable consistency of signage with public rights of way across the county, Council has been asked to dedicate these and additional paths as public rights of way, which it has agreed to do.

Members are requested to refer to paragraph 4.5 of the Legal Services “Guide to the Law for the Rights of Way Committee”.

Conclusion

The paths proposed for dedication will significantly enhance off-road access opportunities for walkers, pedal cyclists and horse-riders.

Recommendation

That the Head of Law and Governance be authorised to enter into appropriate path creation agreements under Highways Act 1980 section 25.

1 Introduction and General Location (see Location Plan 01602)

1.1 Burgess Hill Town Council has for many years been working with Mid Sussex District Council and other partners to improve access in and around Burgess Hill together with increased environmental awareness for the benefit of residents and visitors. A significant part of its strategy has been development of the Agenda Item No. 6ii

Burgess Hill Green Circle, a network of paths linking various green sites both together and with the town centre. This network largely utilises public rights of way, cycle tracks and permissive access paths and is of particular benefit to walkers, pedal cyclists and horse riders for safe off-road recreation and for sustainable local access.

1.2 Mid Sussex District Council, as owner of much land around the town and in support of its own access strategy, has created and maintained many paths for public use south and west of Jane Murray Way. These paths, some of which are already public footpaths, have proved very popular as multi-user routes and have been integrated into the Burgess Hill Green Circle.

1.3 Mid Sussex District Council has been approached to dedicate a number of its existing permissive paths and several new paths as public rights of way, which it has agreed to do. Dedication of these routes, once accepted by the highway authority, will enable them to be signed consistently with other sections of the Green Circle network, which largely runs on public rights of way. The paths would additionally be added to Ordnance Survey mapping.

2 The Proposals (see Site Plans 01603-1 and 01603-2)

2.1 The proposals are outlined on the site plans and are to be read in conjunction with Table 1 overleaf. An A3 colour plan is attached as a separate document, on which the numbers in red refer to the numbers in Table 1. Given the size and significance of the package of proposals it is intended to consider the package collectively rather than separately consider each and every length.

2.2 The main thrust of the proposals is for dedication of new public bridleways. Dedication of bridleways will extend a formal right of access to pedal cyclists and horse riders, also walkers if the route is not already a public footpath.

2.3 Those routes or sections of path shown on the plan coloured red are existing public footpaths proposed to be dedicated as public bridleways. Those routes or sections of path shown on the plan coloured yellow are existing permissive bridleways proposed to be dedicated as public bridleways. One route is coloured orange, it being presently a public footpath but proposed that at some future time may become available as a public bridleway.

2.4 Two additional routes, those coloured blue, were also proposed to uplift their status from public footpath to public bridleway, however it was considered that these should not proceed due to safety concerns of horses and their riders trying to cross Jane Murray Way and Malthouse Lane.

2.5 In addition there are two short lengths coloured purple presently available as permissive footpaths that are proposed to be dedicated as public footpaths.

Agenda Item No. 6ii

Table 1: proposed Public Rights of Way dedications and upgrades

Existing New Old Length Ref PROW Parish Proposed Change type type (m) number Upgrade permissive bridleway to PROW 1 Bw None 308 None Hurstpierpoint Bridleway Upgrade permissive bridleway to PROW 2 Bw None 130 None Hurstpierpoint Bridleway Upgrade permissive footpath to PROW 3 Fp None 50 None Hurstpierpoint Footpath Upgrade permissive footpath to PROW 4 Fp None 26 None Hurstpierpoint Footpath Upgrade permissive bridleway to PROW 5 Bw None 588 None Hurstpierpoint Bridleway 6 Bw Fp 155 53Hu-2 Hurstpierpoint Upgrade PROW Footpath to PROW Bridleway 7 Bw Fp 195 53Hu-1 Hurstpierpoint Upgrade PROW Footpath to PROW Bridleway 8 Bw Fp 385 58Hu Hurstpierpoint Upgrade PROW Footpath to PROW Bridleway Upgrade permissive bridleway to PROW 9 Bw None 199 None Hurstpierpoint Bridleway Upgrade permissive bridleway to PROW 10 Bw None 359 None Hurstpierpoint Bridleway Hurstpierpoint Upgrade permissive bridleway to PROW 11 Bw None 487 None / Hassocks Bridleway Future upgrade PROW Footpath to PROW 12 Fp Fp 157 2c Hassocks Bridleway 13 Bw Fp 21 2c Hassocks Upgrade PROW Footpath to PROW Bridleway Upgrade permissive bridleway to PROW 14 Bw None 160 None Hassocks Bridleway 15 Bw Fp 169 30c Hassocks Upgrade PROW Footpath to PROW Bridleway Upgrade permissive bridleway to PROW 16 Bw None 404 None Hassocks Bridleway Upgrade permissive bridleway to PROW 17 Bw None 44 None Hassocks Bridleway Upgrade permissive bridleway to PROW 18 Bw None 140 None Hassocks Bridleway 19 As is Fp 189 54Hu Hurstpierpoint Not considered suitable for upgrade Hassocks / 20 As is Fp 419 30c Not considered suitable for upgrade Burgess Hill

2.6 The paths run through varying environments and habitats. There are lengths through woodlands, some are unenclosed through or around the edge of grass fields, and some run between fences and earth banks. There is generally a high degree of separation from nearby roads and development, enabling path users to enjoy peaceful recreation with the feel of being in a rural environment despite the close proximity to Burgess Hill.

2.7 A number of the lengths proposed for dedication are already surfaced with suitable stone, ensuring these lengths are usable all year round. Several of the lengths are currently earth surfaced though Mid Sussex District Council has indicated a desire to surface these in future to the same standard; in the event of dedication the County Council’s Public Rights of Way Team will contribute to Agenda Item No. 6ii

these works and future maintenance will be undertaken in partnership. The present condition of the path surfaces are considered acceptable for use without immediate need for works.

2.8 The lengths of proposed bridleway are generally 2.5 metres in width though in places narrow to 2.0 metres. Most paths have a grassed verge or are unenclosed so permitting path users regardless of mode to pass each other safely and conveniently. Those paths adjacent to Jane Murray Way, which is a heavily trafficked road, are separated by post and rail fencing, occasionally also trees and shrubs and earth banking so that path users can not directly access the road. Where access is provided through fencing onto roads, suitable gates, other barriers or bollards to maximise path users’ safety and minimise unlawful vehicle access have been installed; these structures will continue to be maintained by Mid Sussex District Council.

2.9 At one point along the proposed bridleway running north from Eastland Farm path users need to cross Pook Bourne stream. Mid Sussex District Council has created a ford that all modes may use though walkers can circumvent by conveniently using a 1.0 – 1.5 metres wide sloped stone path that passes close to Jane Murray Way.

3 The Legal Tests

3.1 It is proposed to dedicate the various routes shown on the site plans as public footpaths and public bridleways by means of public path creation agreements under the Highways Act 1980 section 25. The County Council is able to enter into an agreement with any party subject to being satisfied that that party has the necessary power to dedicate; the County Council is satisfied that Mid Sussex District Council is owner of the land crossed by the various paths.

4 Consultations

4.1 The County Council is required to consult with the relevant district council when entering into any public path creation agreement. It undertakes as good practice to consult with other likely interested parties so as to be informed as to the support or concern that may exist within the local community. Letters of consultation were sent to Burgess Hill Town Council, Hassocks Parish Council, Hurstpierpoint and Parish Council, County Councillors (including Chairman of the South Mid Sussex County Local Committee and inclusion on the Members Information Service), the Crime Prevention Design Advisor, The Ramblers, The British Horse Society, The Cyclists Touring Club with the request that any comments be submitted by 4 February 2013.

4.2 Responses were received as follows:

• The Mid Sussex District Council Cabinet Member has been consulted and supports the proposal. • Burgess Hill Town Council welcomes the proposals. Agenda Item No. 6ii

• Hassocks Parish Council has lent its support to the proposal but has concerns that those paths not already stoned will become unusable over time with increased user on the Wealden Clay surface. It has sought assurance that all paths will be stoned to the standard already provided by Mid Sussex District Council on certain of the paths; Hassocks Parish Council has been advised that surfacing works will be on-going as stated in paragraph 2.7. • Hurstpierpoint and Sayers Common Parish Council supports the proposal. • The Ramblers support the scheme and welcome particularly the upgrade of permissive paths to public rights of way. • The British Horse Society welcomes dedication of the many bridleways so as to provide safe, off-road routes between Burgess Hill and the countryside, and comments that the proposals support the aims and objectives of The Rights of Way Improvement Plan. • Mrs. Susan Knight, County Councillor for Burgess Hill East and Chairman of the South Mid Sussex County Local Committee, supports the proposal.

5 Costs and Works

5.1 Mid Sussex District Council has already undertaken a programme of works to provide the many routes for public enjoyment at its expense. In the event the proposal is accepted the County Council has agreed to be responsible for the costs of any change to signage and to work in partnership with Mid Sussex District Council on an on-going basis to maintain path surfaces.

6 Rights of Way Improvement Plan considerations

6.1 The proposal has been examined in the context of the Rights of Way Improvement Plan (ROWIP) and is considered to be in accordance with all relevant provisions of the Plan. Key aims to provide and improve off-road routes for cyclists and horse-riders are particularly well met by this proposal.

7 The Equality Act 2010 and Customer Focus Appraisal

7.1 The Equality Act 2010 bans unfair treatment, and seeks equal opportunities in the workplace and in wider society. It also introduced a Public Sector Equality Duty (PSED). The PSED requires the County Council to have due regard in all decision making processes to the need to:

• Eliminate discrimination, harassment, victimisation or other prohibited conduct;

• Advance equality of opportunity between persons who share a relevant protected characteristic and those who do not; and

• Foster good relations between those who share a relevant characteristic and those that do not share it.

Agenda Item No. 6ii

7.2 The relevant protected characteristics are age, disability, gender reassignment, marriage/civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

7.3 The protected characteristics have been duly considered and assessed in the course of processing this application. The Customer Focus Appraisal relating to the application is a background paper to this report. No relevant impact upon any of the protected characteristics in the Equality Act 2010 emerged.

8 Crime and Disorder Act 1998 – Implications

8.1 The Sussex Police Crime Prevention Design Adviser has responded but offered no comment from a crime prevention viewpoint.

9 Human Rights Act 1998 – Implications

9.1 It is unlawful for a public authority to act in any way which is incompatible with a convention right. The rights which should be considered are rights pursuant to Article 8, Article 1 Protocol 1, and Article 6.

9.2 Article 8 protects the right to respect for private and family life including an individual’s home. This is a qualified right and there may be interference by a public authority if that authority does so with an intention of protecting the right and freedom of others.

9.3 Article 1, Protocol 1 deals with the protection of property. Again this is a qualified right and interference of it may take place where it is in the public’s interest to do so subject to the conditions provided by law. Any interference, however, must be proportionate. The main body of the report identifies the extent to which there is interference with these rights and whether the interference is proportionate.

9.4 The Committee should be aware of Article 6, the focus of which (for the purpose of this report) is the determination of an individual’s civil rights and obligations. Article 6 provides that in the determination of these rights, an individual is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Article 6 has been subject to a great deal of case law. It has been decided that for rights of way matters, the decision making process as a whole, which includes the right of review by the High Court, complies with Article 6.

Sue Hawker Director of Communities Commissioning

Agenda Item No. 6ii

Background Papers a) Email dated 23 October 2012 from Mid Sussex District Council to County Council b) Customer Focus Appraisal dated 7 February 2013

Contact: Jon Perks, Principal Rights of Way Officer, 01243 777621