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Part Diversion of Public Bridleway W205 Baddesley Clinton

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Part Diversion of Public Bridleway W205 Baddesley Clinton Agenda No 6 AGENDA MANAGEMENT SHEET Name of Committee Warwick Area Committee Date of Committee 18 January 2011 Report Title Part Diversion of Public Bridleway W205 Baddesley Clinton Summary Recommending that the Public Path Diversion Order for Public Bridleway W205 in the parish of Baddesley Clinton, which attracted four objections, be submitted to the Secretary of State for confirmation. For further information Chris Williams please contact Rights of Way Officer (Legal Orders) Tel. 01926 476942 [email protected] Would the recommended No decision be contrary to the Budget and Policy Framework? Background Papers Correspondence from; Baddesley Clinton Parish Council Forestry Commission The Ramblers Kenilworth Footpath Preservation Group Mr H S Williams Mr R Steele Mr A Kind CONSULTATION ALREADY UNDERTAKEN:- Details to be specified Other Committees .......................................................................... Local Member(s) X Councillor J Compton (With brief comments, if appropriate) Other Elected Members .......................................................................... Cabinet Member .......................................................................... (Reports to The Cabinet, to be cleared with appropriate Cabinet Member) Chief Executive .......................................................................... Legal X L Arben – comments incorporated. AreaW/0111/ww2 1 of 11 Finance .......................................................................... Other Chief Officers .......................................................................... District Councils X Warwick District Council Health Authority .......................................................................... Police .......................................................................... Other Bodies/Individuals X Baddesley Clinton Parish Council Forestry Commission The Ramblers Kenilworth Footpath Preservation Group Open Spaces Society British Horse Society Byways and Bridleways Trust Auto Cycle Union Cyclists Touring Club Statutory Undertakers (various) FINAL DECISION YES (If ‘No’ complete Suggested Next Steps) SUGGESTED NEXT STEPS : Details to be specified Further consideration by .......................................................................... this Committee To Council .......................................................................... To Cabinet .......................................................................... To an O & S Committee .......................................................................... To an Area Committee .......................................................................... Further Consultation .......................................................................... AreaW/0111/ww2 2 of 11 Agenda No 6 Warwick Area Committee – 18 January 2011 Part Diversion of Public Bridleway W205 Baddesley Clinton Report of the Strategic Director for Environment and Economy Recommendation That the Warwickshire County Council (Part of Bridleway W205 Baddesley Clinton) Public Path Diversion Order 2010 be forwarded to the Secretary of State for Environment, Food and Rural Affairs for confirmation. 1. Location 1.1 The parish of Baddesley Clinton lies approximately 6 miles (10km) northwest of Warwick, as shown on the location plan attached as Appendix A. 1.2 Public Bridleway W205 runs between Hay Wood Lane and Wood Corner Lane, as shown by the plan attached as Appendix B. The majority of the bridleway lies within Hay Wood itself but at its western end it emerges from the wood and runs on a surfaced track for approximately 100 metres before it joins Hay Wood Lane. 2. Background 2.1 In 2008 the County Council received an application to divert the western end of the bridleway, as shown by the plan attached as Appendix C. 2.2 From Point A on Hay Wood Lane the definitive route of the bridleway passes through a field gate, then runs along approximately 100 metres of a wide, surfaced track before passing through a further field gate at the boundary of Hay Wood. Point B is approximately 9 metres further into the wood. 2.3 From Point C on Hay Wood Lane the proposed route passes a bollard preventing vehicles accessing the route, and then runs along a 5 metre wide path for approximately 100 metres. It then passes through a field gate at the boundary of Hay Wood, Point D, and follows a beaten path making two turns to meet the definitive route at Point B. 2.4 The applicant states that there have been multiple incidents of anti-social and criminal behaviour on the bridleway, in close proximity to the residence. The Police have responded to many of these incidents and have made arrests. The AreaW/0111/ww2 3 of 11 applicant states that diverting the bridleway would have a substantial beneficial effect on the lives of their family. 2.5 Temporary Closure of Public Bridleway W205 2.6 Between 26 May 2008 and 31 January 2010 the section of bridleway proposed for diversion was temporarily closed under a temporary traffic regulation order (TTRO) made by the County Council and extended by the Secretary of State. The TTRO was made because works were being carried out on or near the line of the bridleway. The redevelopment of Old Keepers Lodge required the demolition of the previous residence, removal of the demolition material and the construction of a new residence at the same location. The track leading from Hay Wood Lane carrying the bridleway was the only vehicular access to Old Keepers Lodge. 2.7 The applicant made the proposed route available to the public throughout the duration of the temporary closure. This route is still available to the public. 3. Consultations made Prior to Making the Diversion Order 3.1 A consultation into the proposed diversion was conducted with the local County Councillor (Councillor Jose Compton), Warwick District Council, Baddesley Clinton Parish Council, the Ramblers (formerly the Ramblers Association), the Kenilworth Footpath Preservation Group, the Open Spaces Society, Byways and Bridleways Trust, The British Horse Society, the Auto Cycle Union, The Cyclists Touring Club, and the statutory undertakers. 3.2 Baddesley Clinton Parish Council replied that they had no objection to the proposal provided that the proposed route would be surfaced to the same standard as the definitive route and that this work was overseen by the County Council. 3.3 The Ramblers indicated that they would object to the proposal as they considered that the definitive route does not present a safety or security problem to the house owners, and that the two right angles turns on the proposed route were not acceptable as a matter of principle. The Council replied to suggest that the proposed route follows a well-beaten path in the wood but would also be fully waymarked if it became the definitive route, and that the proposed route will be better connected to the remaining path network as it would eliminate any need for road walking or riding to reach the nearest other path. The Ramblers replied indicating that they did not consider that the advantages of the proposal outweighed the disadvantages of the definitive route. 3.4 The Kenilworth Footpath Preservation Group had no objection to the proposal. 3.5 The statutory undertakers had no objection to the proposal. 3.6 No other replies were received. AreaW/0111/ww2 4 of 11 4. Making the Diversion Order 4.1 A Public Path Diversion Order was made on 28 July 2010. Site notices of the making of the Order were erected on 28 July 2010, copies of the notice of the making of the Order were sent to the statutory list of bodies on 28 July 2010, and notice of the making of the Order was advertised in the Leamington Courier on 30 July 2010. A copy of the Order is attached as Appendix D. 4.2 The Order received four objections within the statutory period. 5. Objections to the Order and Responses 5.1 Objection 1 - Mr H S Williams ‘I wish to object to the proposed diversion on the ground that in winter and after any period of heavy rain the new route is ankle deep in mud and is unpleasant to use. I would not object if the new route were to be provided with a stone surface similar to the section at the entrance to Hay Wood’. 5.2 Response. It is acknowledged that the proposed route, which is already available to the public albeit unsurfaced, is subject to waterlogging and becomes very muddy in bad weather. However, if the diversion order is confirmed and the proposed route becomes the legally-defined route then the applicant has agreed to surface it to the same width and standard as the current definitive route. This work is completed to the satisfaction of the County Council. 5.3 Mr H S Williams has subsequently confirmed that he withdraws his objection subject to the works mentioned being completed. 5.4 Objection 2 - Mr Richard Steele. ‘There is historical and amenity value to the original position of paths and they should not be relocated on the whim of property developers or anyone else unless there is a very good reason’. 5.5 Response. The Council considers proposals to alter public rights of way against the tests of the relevant legislation. A letter explaining the tests and how this proposal meets those tests, as explained in paragraphs 6.1 – 6.30, was sent to Mr Steele but no reply has been received. 5.6 In the absence of a reply it is assumed that Mr Steele is sustaining his objection. 5.7 Objection 3 - Mr Alan Kind. ‘The Order contains a ‘Part 4: Description of works required to bring the site of the new path or way into a fit condition for
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