THE UNMADE HIGHWAYS in RURAL AREAS (TEMPORARY CLOSURE) (FOOT and MOUTH DISEASE PRECAUTIONS) (No. 3) ORDER 2001

Statutory Document No. 21 0 / 01

THE HIGHWAYS ACT 1986

THE UNMADE HIGHWAYS IN RURAL AREAS (TEMPORARY CLOSURE) (FOOT AND MOUTH DISEASE PRECAUTIONS) (No. 3) ORDER 2001

Coming into operation 12th. April 2001

In exercise of the powers conferred on the Department of Transport by section 38(1) of the Highways Act 1986 1, and of all other enabling powers, the following Order is hereby made: -

Citation, commencement and revocation

1. (1) This Order may be cited as the Unmade Highways in Rural Areas (Temporary Closure)(Foot and Mouth Disease Precautions)(No. 3) Order 2001;

(2) Subject to the Department giving public notice in accordance with section 38(3) of the Highways Act 1986 of the making of this Order, this Order shall come into operation on the 12th. April 2001;

(3) The Unmade Highways in Rural Areas (Temporary Closure)(Foot and Mouth Disease Precautions)(No.2) Order 2001 2 is revoked upon the coming into operation of this Order.

Interpretation

2. In this Order,—

"footpath" means a highway, being a public footpath, which is included in the definitive map and statement of public footpaths referred to in section 92 of the Highways Act 1986;

"highway" means a highway maintainable at the public expense;

"road" means a highway other than a footpath included on the map referred to in section 3(3) and (4) of the Highways Act 1986;

1 1986 c.17 2 SD No. 180/01 Price: £1.60; Price Band B

"unmade highway"—

(a) means a highway the surface of which is not made up for use by motor vehicles;

(b) does not include— (i) a car park provided for use by the public, and (ii) a road maintained for access by vehicles to that car park.

Temporary closure of unmade highways in lands used for agriculture

3. (1) Subject to article 4, the public's right of way- (a) on foot, (b) on horseback, (c) for passage of animals being driven or led; and (d) for passage of vehicles

over the unmade highways which are roads (including a road used as a footpath) specified in Part 1 of Schedule 1, or (subject to paragraph (2)) footpaths described in Part 2 of Schedule 1, is suspended until 8.00 a.m. on 12th. May 2001 or until such earlier date as the Department gives public notice to that effect.

(2) This article does not apply to a footpath described in Part 2 of Schedule 1 if —

(a) it is specified in Part 1 of Schedule 2; or

(b) it is in lands of a character described in Part 2 of Schedule 2.

4. Article 3 does not apply to the public's right of way if it is being exercised—

(a) for access to or from a dwelling;

(b) for access to premises to deliver or load goods or passengers, or to carry out works, if no other road or footpath can be used for that purpose;

(d) in the course of duty by police, fire brigade, ambulance service, civil defence or coastguard;

(e) with the permission of a constable in uniform;

(f) by persons authorised by the Department of Agriculture, Fisheries and Forestry; or

(g) in a highway which is in land managed by the Department of Agriculture, Fisheries and Forestry and in respect of which land that Department by notice authorises the public to continue to exercise their right of way generally or for such purpose as may be specified in the notice.

5. The Department of Transport may erect and maintain—

(a) notices in a highway to which article 3 does not apply,—

(i) to indicate to persons using it that a highway ahead, or a length of highway ahead, is an unmade highway to which this Order applies (e.g. "Footpath closed ahead", printed with green lettering); or

(ii) to inform persons using it that the highway is not a highway to which this order applies, notwithstanding any previous order or notice of closure which applied to the highway, (e.g. "Footpath now open"), and

(b) in a highway to which article 3 applies, at a point on it from which this Order applies,—

(i) notices (e.g. "Footpath closed from this point", printed with red lettering); and

(ii) use such other suitable means as it considers appropriate,

to indicate that a highway to which this Order applies is closed as a right of way for the public during the period of precautions against the spread of Foot and Mouth Disease.

6. For the avoidance of doubt, the public's right of way over a highway which is a road (within the meaning of article 2) is not suspended by article 3 unless it is specified in Part 1 of Schedule 1.

I1 3 Article 3. SCHEDULE 1

UNMADE HIGHWAYS TO WHICH (SUBJECT TO SCHEDULE 2) THIS ORDER APPLIES

PART 1 SPECIFIED PUBLIC ROADS USED AS FOOTPATHS, WHICH ARE CLOSED AS PUBLIC RIGHTS OF WAY

Item District Road Identity Further identification of closed road

1. Braddan Middle Farm From Kewaigue to Oakhill

2. Braddan Creg y Cowin Between Baldwin River and Windy Corner

3. Braddan Governor Loch's Between Colden Plantation top gate and moorgate at Road Brandywell Road

4. Marown Eairy Kelly Between St. Runius Old Church and Archallagan

5. German Mannanan's Chair From Cronk y Voddy to Staarvey Road at Mannanan's Chair

6. German Crosh Mooar From Staarvey Road at Mannanan's Chair to the Switchback at Lhergydhoo

7. German Dowse, Greeba From Ballaspur (near Ballig) to moorgate at the top of Greeba Mill Lane

8. German Greeba Greenway Between the former railway line and Cornelly Mines. (Ballachurry Road)

9. German Kerrowgarrow Road Between Kennaa Road and Cornelly Mines (Greenway)

10. Patrick Creggan Moar Slabs Between Creggan Mooar ford and Eairy Cushlin moorgate

11. Patrick Slieau Whallian From Slieau Whallian Road to the Garey Greenway

12. Patrick Doarlish Cashen Between Glen Maye Sound Road and Dalby Road on Dalby Mountain

13. Ballaugh Glen Dhoo Greenway From the Ravensdale Road, Ballaugh Glen

14. Michael Stockfield Road From the upper entrance of Glen Mooar (Spooyt Vane Glen) to Skerrisdale Beg Farm entrance

4 • 15. Michael/ Michael Hills Between Mountain Gates at- Ballaugh Greenways Brandywell, Slieau Dhoo (Druidale Road) Slieau Curn (Ballacurn, Ballacobb, Ballaugh), and Slieau Curn (Lhergyvreck, Kirk Michael)

16. Lezayre Sky Hill Road (Millennium Way) From the top gateway of Sky Hill Plantation to Block Eairy moor, then diverting from the Millennium Way to East Mountain Gate on Snaefell Mountain Road

17. Lezayre Narradale From the moorgate to Millennium Way

18. Lezayre Rullick Road From Ginger Hall to Millennium Way

19. Lezayre Ballacuberagh Road From the top gateway of Ballacuberagh Plantation to • Druidale Road

20. Maughold Park Llewellyn Road From its junction with the Ramsey to Laxey Coast Road (between Cardle and the Hibernian)

21. Maughold Glen Mona Upland From the lowest farm gate, above Glen Mona Hotel, Road to junction with Slieau Lhean Road

22. Maughold Comaa Harbour Road From the Barony Estate gate to Port Cornaa (Benussi's Road)

23. Lonan Windy Corner Between Windy Corner and the Glen Roy Road

24. Lonan Snaefell Mines Road From Agneash

25. Lonan Slieau Lhean Road From Mountain gate at Clarum to junction with Glen Mona Upland Road

26. Onchan Honey Hill Between B12 Creg ny Baa Road and Begoade Road

27. Onchan Conrhenny Forked roads between B 12 and Begoade Road

28. Onchan Lanjaghan Between Abbeylands and Creg ny Baa

29. Rushen Carnanes Greenway Between Surby moorgate and the Sloe

30. Various Former Railway lines Those lengths of the former railway Districts tracks between Douglas and Peel, St. John's and Sulby, and St. John's and Foxdale which ARE NOT included in Schedule 2. • 5

PART 2 DESCRIPTION OF PUBLIC FOOTPATHS WHICH (SUBJECT TO SCHEDULE 2) ARE CLOSED AS PUBLIC RIGHTS OF WAY

1. Subject to Schedule 2, article 3 of the Order applies to the following descriptions of unmade highways, being footpaths, which pass through, or are otherwise adjoined by, agricultural land —

(1) Unfenced footpaths;

(2) Fenced footpaths which are ordinarily used as ways for-

(a) the passage of agricultural animals or agricultural vehicles between agricultural lands; or

(b) the marshalling or herding of agricultural animals.

2. In this Part—

"agricultural animals" means-

(a) animals of a kind which are ordinarily reared for the purposes of agriculture, being cattle, sheep, pigs, and goats; and

(b) other animals, being horses, deer, donkeys, mules, wallabies and llamas,

and includes such animals which are feral.

"agricultural land" means land which is used for the grazing, herding, keeping, marshalling or roaming of agricultural animals;

"fenced" means that a fence, wall, hedge or any other feature (e.g. bank, building, cliff, dyke, or river) has the effect of preventing agricultural animals in land adjacent to the highway from gaining access to it.

SCHEDULE 2

PART 1 PUBLIC FOOTPATHS (INCLUDING ROADS USED AS FOOTPATHS), WHICH ARE OPEN AS PUBLIC RIGHTS OF WAY Paths Open Town and Village Areas; Path No. Description Douglas 222 From Saddle Road at the Saddle Cottages to Vicarage Road. 223 The Nunnery path 224 From Pulrose over the. Golf Course to Kewaigue. 334 From 223 alongside the Middle River to Kewaigue. 460 The Gooseneck Path. 461 Summerland path. 462 Between Victoria Road and Palace Road. 633 Between Ballabrooie and Peel Road.

Onchan

148 Ashley Hill School to Little Mill Road. 329 Majestic coastal path. 428 From Royal Avenue through the Church yard to Church Road. 538 Royal Avenue to Marion Road. 625 School Road to Little Mill and Mollie Quirks Glen.

Port Soderick

331 From Marine Drive to Port Soderick Beach (Funicular Railway) 623 From Car Park (upper) to Port Soderick Beach. 626 The Viaduct (Elevated Coastal Walkway).

Castletown

274 From Douglas to Castletown Road through King Williams College grounds to Hango Hill. 511 Between No 1 Queen Street and St Mary's Church down to the beach by way of the steps. (Subject to works in hand)

Port St Mary

254 From Fistard Road through the old Perwick Hotel grounds to the beach. 353 The Pound Road, between Beach Road and Castletown Road. 441 From Gansey Mill to the harbour. 444 From the breakwater past Kallow point to Perwick Bay. 445 From 444 at Clifton Road across Golf Course to join 254 at Perwick Bay. 446 From High Street opposite the police station to harbour path. 447 From High Street opposite Bay View Hotel to harbour path. 613 from Perwick Beach to Fistard Road.

7 Port Erin

240 & 241 All footpaths through Rowany Golf Course. 239. From Fleshwick Road to Bradda East. 457 The cinder path rear of Strix. 458 From Tower Road to Milners Tower. Ballasalla

358 Monks Bridge

423 From Rushen Abbey to Silverdale and through the Glen to Mullin-ny-Carty.

631 Behind various properties at Rushen Abbey.

Malew

273 Janets Corner to Silverburn River 271 Running between Silverburn River and Poulsom Park to join 273.

Peel

123/455/456/509 Peel Hill up to boundary wall. 406 Peel Headlands only up to Mourne View 506 Surfaced path at rear of Creg Malin to join 406. 529 The riverside path from Peel Harbour to Glenfaba Bridge. 362 Railway line from Mill Road to Ragatt Glen entrance and the steps from Glenfaba Bridge.

Kirk Michael 363 Section of railway between Glen Wyllin steps and the Orrisdale Road steps.

Ramsey

454/500 Poylldooey footpath. 355 From hairpin but only sections in Glen Elfin as far as the top gate. 402 Ballaure Glen - All paths. 450 From Queens Grove to Crescent Road. 451 From Brookhill Road over the tram lines to Waterloo Road. 629 Ballure Slip - Promenade to Beach.

Laxey

159 Axnfell Plantation. All paths within Plantation and between Plantation and the river. 160 From the Grawe to Coach & Horses Hotel. 168 From Croit y Quill Road to Douglas Road. 169 From Lonan Church Road to Douglas Road. 412 From Baldhoon Road, over MER to Mines Road. 413 From Laxey to Ramsey Road over MER to Woollen Mills. 414 From Laxey School to Glen Road. 415 From Shore Hotel through glen to join 416 and Main Road by Commissioners office steps. 416 Short path between New Road going across MER tracks to path from Shore Hotel. 419 From Fairy Cottage to south end of shore. 430 Zig zag path - South Cape. 614 From fire station to Laxey Wheel car park.'

Coastal Areas

Path No. Description

Marine Drive, Braddan. 267 From Ronaldsway north eastwards only to link up with 269 by Turkeyland Quarry. 269 Ronaldsway from Flying Club to Balthane Road. 64 Glen Trunk, Michael. 400 Killane Mill, Ballaugh. 11 Sartfield, Jurby. 8 Cronkbreck, Cronk-y-Scottey, Jurby. 521 Dog Mills, Bride. 401 The Vollan, Lezayre. Cranstal, The Phurt - Bride. 356 Port Lewaigue round Gob ny Rona to the Slipway at Port e Vullen. 512 From Port Mooar east only as far as Dhyrhane, Maughold. 420 The Fisherman's path to Garwick Beach, Lonan. 186A Lonan Old Church Road to Lime Kiln Halt, Groudle. 429 From Lime Kiln Halt to Groudle car par and beach.

Railway Line Path No. Description 360 Douglas to Peel

Only Quarterbridge to Unions Mills Industrial Estate. Only between Glen Darrag Road and the School Road, Crosby. Only between Curragh Road and Station Road, St Johns.

Foxdale

615 Only between Foxdale School and former Railway Bridge on Main Road.

Rural Variations

50 Sulby Claddaghs to Kella Mill 505 From Corady Road only within the plantation. 98 Only within Ballaglass Glen, Maughold. 102 From Glen Mona Hotel down the defined track to join the Cornaa beach road at Rhenab Ford. 108A From Main Laxey to Ramsey road just north of Dhoon Corner to join Dhoon Glen Road. 288 Only within Colby Glen.

PART 2

Nothing in Schedule 1 or in this Schedule shall be taken to apply article 3 of the Order to an unmade highway, or a length of unmade highway, which is—

(1) within, or between, any of the following fenced lands—

(a) land managed by the Department of Agriculture, Fisheries and Forestry ("DAFF") as a Manx National Glen or a plantation, or

(b) other land (on which agricultural animals are not kept) managed as— (i) a public garden, or (ii) a nature reserve for plants or birds; or • (iii) a park or other recreation area for use by the public; or (2) on a shore.

MADE / APRIL 2001 4gairelit. 4 -

Minister for Transport

• 10 EXPLANATORY NOTE (This note is not part of the Order.)

This Order temporarily suspends, during the period of precautions against the spread of Foot and Mouth Disease, the public's general right of way over those unmade highways in agricultural areas which are public roads specified in part 1 of Schedule 1, and public footpaths described in part 2 of Schedule 1.

Those footpaths and roads used as footpaths which are specified in part 1 of Schedule 2, or described in part 2 of Schedule 2, are not closed by this order. If a footpath Specified in Schedule 2 has been closed under the previous order (which is revoked by this Order) it is reopened. The Department may erect notices to inform the public that a footpath listed in that Schedule 2 is now open.

The Order authorises the Department to erect "Footpath closed from this point" notices, and use other suitable means, to indicate that the public's right of way over a road specified in part 1 of Schedule 1 or footpath described in part 2 of Schedule 1 is suspended. "Footpath closed ahead" notices may be erected in any highway to give advance notice to persons using it that a footpath ahead is one which is closed as a right of way for the public.

The Order does not apply to public rights of way which are- * roads comprising a carriageway, unless specified in part 1 of Schedule 1 • footpaths in non-agricultural locations, or • footpaths within or between fenced Manx National Glens or DAFF plantations, or any fenced public gardens, nature reserves, parks or recreation areas where agricultural animals are not kept, or • on a shore.

The Order ceases to have effect at 8.00 a.m. on 12th. May 2001, but in the event of the precautions coming to an end earlier, the Order may be terminated by public notice given to that effect by the Department of Transport.

Private rights of way not affected by this Order The Order suspends certain public rights of way over land. It does not affect any private right of way held by any person over his own land or over land owned by another person notwithstanding that such private right of way is exercisable over a path or road which is also`a highway to which the Order applies.

Offences It is an offence to contravene an Order made under section 38(1) of the Highways Act 1986 and proceedings against offenders may be taken under section 115 of that Act.