Borough Council

Report No: AM/049

B

Report to Cabinet

16 January 2013

THE DEDICATION OF EXISTING PATHWAYS AS PUBLIC RIGHTS OF WAY UNDER THE HIGHWAYS ACT 1980

1. Key Points

1.1 The Council has been approached by the Countryside Access Forum for about the creation of three Rights of Way and their dedication as formal bridleways under s25 of the Highways Act 1980.

1.2 Section 25 of this Act allows local authorities to enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath or bridleway over land in their area.

1.3 The pathways will be designated in perpetuity ensuring that the pathways are protected regardless of future land ownership. This would create a more complete formalised network of pathways across the Town ensuring public access is maintained indefinitely.

1.4 Maintenance of the pathway surface in the future will be vested in West Sussex County Council who are equipped with the necessary resources to maintain the pathways in the future. However, Crawley Borough Council would retain responsibility for cutting back vegetation along the pathways.

2. Recommendations

2.1 Members are recommended to:-

1. Agree the dedication of the routes for all three paths in perpetuity as described in paragraph 3 of the report as per the attached plans, subject to West Sussex County Council undertaking the required statutory public consultation exercise.

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2. Delegate authority to the Head of Legal and Democratic Services to execute permissive path creation agreements in respect of the following pathways namely:-

1. Crawley Footpaths (FPs) 86aW and 98W - Creation Agreement to upgrade to bridleway.

2. NCN21 – from Church Road, Worth to junction with Bridleway (BW) 103W.

3. Park – National Cycle Route 20 from Rosamund Road to the M23.

PHIL ROGERS Director of Community Services

2 3. Background

3.1 The Council has been approached by the Countryside Access Forum for West Sussex (CAFWS) regarding the creation of the three rights of way and their dedication as formal bridleways. The Countryside Access Forum for West Sussex is an independent advisory body established by statute to give access advice to local authorities, statutory organisations and other non- governmental organisations. The Forum’s main objective is to ensure the existing network of public rights of way is protected and where possible enhanced. The Countryside Access Forum for West Sussex has a balanced membership of knowledgeable and experienced users, landowners and other interests. A recent meeting of the Forum highlighted a number of points in respect of the status of public rights of way and Routes within the Borough and it was agreed by members of the Forum that contact should be made with this Council to suggest how improvements could be made to the routes identified within this report which would meet the aims and objectives of the West Sussex Rights of Way Improvement Plan.

3.2 Permissive Paths are not legally recorded Public Rights of Way and are not defined by statute. They are usually routes which the landowner has permitted for use by the public. In addition, to any public rights of way that cross land the owner may decide to dedicate permissive routes, either formally or informally. An owner can give consent for an additional route on the owner’s land to be used by the public by dedicating it as a permissive on a temporary or permanent basis. There are two types of permissive path agreements namely through agreement and formal consent.

3.3 A formal agreement can be entered into with West Sussex County Council to allow use by the public for an initial special period. The permissive path cannot be withdrawn during the life of the agreement. Approval from the Rights of Way Committee at West Sussex County Council is required to set up such an agreement. Alternatively, an owner may simply allow the public to use a route on his or her land and this consent may be withdrawn at any time. West Sussex County Council, as Highway Authority shall be liable, subject to agreed terms, for the maintenance of a permissive path where there is a formal agreement in place for the term of the agreement.

3.4 The footpaths in question are as follows:-

1. Crawley Footpaths (FPs) 86Aw and 98W – Creation Agreement to upgrade to bridleway

Public footpaths 86aW and 98W together form a path known locally as The Bower in . Footpath 86aW runs south, southwest from until it meets footpath 85W. At this point footpath 98W runs south, southeast until it meets Maidenbower Drive.

A proposal to dedicate these footpaths as bridleways to improve local access opportunities, in part as a Safer Route to School Scheme, and also to provide cyclists and equestrians with a safer alternative to the local road network, was presented to the West Sussex County Council’s Right of Way Committee at a meeting on 5 th June 2006. Crawley Borough Council, as landowner and an active partner in the scheme, had given its support to the proposal. In reality

3 these paths were already in use, and had been for some considerable time, by cyclists and equestrians.

The scheme linked National Cycle Route (NCN) 21 at Worth Way, with Route 20 through Tilgate Park. The scheme, costing £100,000, was awarded £50,000 by (West Sussex County Council WSCC)). Since completion of the works, and the erection of bridleway signage (around Sept 2006), the route (NCN 20) has been used by walkers, cyclists and equestrians on a daily basis, and is a valuable and important addition to the access network in the Borough. Indicated in Appendix 1.

2. NCN 21 – from Church Road, Worth to junction with Bridleway (BW) 103W

At a meeting of the WSCC Highways and Transport Committee in March 1995, it was resolved to support the proposed National Cycle Network, which was being promoted by Sustrans, and in particular, route 21 which passes through the north-east corner of West Sussex. Crawley Borough Council gave their support to the proposal to construct a section of NCN 21 along the trackbed of the former Crawley to East Grinstead railway line known as Worth Way. Footpaths 86bW, 97W (part) 103W and 3395 (part) passed over part of this section (The Bower to Balcombe Road). It was agreed to alter the status of these footpaths to bridleways, to enable use by cyclists and equestrians. This route also forms part of the Borough Council’s orbital route or “Greenway” as it is known.

As the railway here ran in a deep cutting, an access ramp was constructed from the eastern end of what is now BW 103W, a short distance east of the Balcombe Road. The access ramp joined a newly constructed path running along a terrace on the south side of the cutting (from Balcombe Road to Church Road, Worth). This section also forms part of the “Greenway”. However, the access ramp from the junction with BW 103W, and the path running along the terrace from Balcombe Road to Church Road was only given “permissive” status at the time. As a result, the path does not appear on the definitive map, on OS maps, or even on the WSCC I-Map as a bridleway open to all users. Once again, this section of route is very well used daily by walkers, cyclists and equestrians, is part of the “Greenway”, and is very important in the network of safe off-road routes around Crawley. Indeed, without this section, there would be no access to BW 103W at its eastern end. This Council has been requested to formalise the status of this “permissive” section of NCN 21, to reflect the position as it is on the ground, and ensure the security of the route in the long term. Indicated in Appendix 2.

3. Tilgate Park – National Cycle Route 20 from Rosamund Road to the M23

There are a number of very well used permissive leisure routes, including NCN 20, running both through and around Tilgate Park. The Forum requests, that in the case of NCN 20, which runs through Tilgate Park from Rosamund Road in the north, to the M23 in the south, the Borough Council gives consideration to formalising this route, to reflect what has been the position on the ground for over 40 years. Formally dedicating this route as a bridleway would secure its availability to walkers, cyclists and equestrians for the future, and ensure its appearance on OS maps. There is no cost to

4 landowners who dedicate or upgrade public rights of way and therefore these suggestions would not impact on Crawley Borough Council’s budgets. Being recorded on the Definitive Map as a route with a status that corresponds to actual usage will ensure they are appropriately inspected and maintained by West Sussex County Council’s Rights of Way service in common with other public rights of way across the county. All of the above pathways are already covered by permissive use as bridleways, walkways and cycle paths and the proposal is to formalise this existing situation. Indicated in Appendix 3.

4. Consultation

An internal consultation was undertaken involving all relevant departments including:

- Property (undertook a review of the Registered Titles) - Community Service & Glendale (Tilgate Golf Course contractor) - Amenity Services (Parks & Street scene) - Planning (who further consulted the Forestfield & Shrubland Conservation Area)

No objections to taking forward any of the three footpath agreements was given. A member of the Forestfield & Shrubland Conservation Area requested that the path start at Rosamund Road. However after it was pointed out that this is where the path under consideration starts no further correspondence was received.

West Sussex County Council will undertake a full external consultation as required under the Highways Act, 1980.

5. What are the impacts and benefits of formalisation?

Impacts

- The pathways will be designated in perpetuity ensuring that the pathways are protected for the future.

Benefits

- Maintenance of the solum of the pathway surface will be vested in West Sussex County Council. However, Crawley Borough Council shall still be responsible for cutting back vegetation along the paths to the current standard. - This would create a more complete formalised network of pathways across the Town ensuring free movement of people is maintained for the future. - Formalisation will allow the pathways to appear on Ordnance Survey maps which will allow Crawley and West Sussex residents to more easily find and navigate these pathways. - This will play a part in supporting the Council’s ambition to increase sustainable modes of transport including walking and cycling in the Town with its associated health and environmental benefits.

5 6. Ward Members views

6.1 Ward members have not been directly consulted but will be given opportunity to consult as part of the legislative requirement to consult as required under the Highways Act, 1980. This will be undertaken by West Sussex County Council.

7. Staffing, Equalities, Financial and Legal Implications/Powers

7.1 There are no staffing impacts.

7.2 The proposal is likely to have a very small positive impact on equalities by ensuring that these public rights of way are formalised and contained within Ordnance Survey (OS) maps etc. which will advertise their existence to a wider audience.

7.3 Transferring maintenance of the surface of the paths to West Sussex County Council will in time result in a minor financial saving for this Council. However, Crawley Borough Council shall still maintain its current responsibilities for cutting back vegetation adjacent to the paths. In Tilgate Park this function will be performed by Glendale, Crawley Borough Council’s lessee under the golf course lease.

7.4 Crawley Borough Council will transfer ownership of the solum of the path to West Sussex County Council which would sterilise any future sale of this land. Additionally, both paths that lie within Worth and Maidenbower are existing paths which are unlikely to be sold in the future. The third path crosses Tilgate Park golf course and is subject to a 25 year lease with 20 years remaining. Glendale have indicated in writing that they have no objection to this proposal proceeding.

7.5 Section 25 of the Highways Act 1980 makes provision for the creation of a new public path by agreement between the landowner and the highway authority or local Borough/District council. The process requires a signed declaration by the landowner(s) to the effect that they are dedicating a footpath or bridleway (as agreed by the relevant authority). Prior to making an agreement there is a requirement to consult the other Council affected and to ensure that the path to be created, and subsequently dedicated as a public right of way, meets the requirements of the highway authority. Once the agreement is made, the fact has to be advertised through publication of a notice in at least one local newspaper.

8. Risk Implications

8.1 There is a minor risk that West Sussex County Council would not maintain the paths to their current standard. This is considered unlikely as the requirements under the Highways Act would require them to maintain them to a minimum standard. Entering into the agreement would not necessarily preclude Crawley Borough Council from upgrading these paths in co- operation with West Sussex County Council in the future should it be necessary. It should be noted that West Sussex County Council are proposing to make minor improvements to two of the paths.

6 9. Environmental Impacts

9.1 The environmental impact is likely to be fairly neutral. There might be slight negative impact caused by increased use resulting in a minor disturbance to biodiversity and wildlife. However this would be counterbalanced by an increase in resident cycling leading to lower carbon emissions and atmospheric pollution. It should be noted that the increases and resulting impacts are only likely to be minor as the proposal is to formalise an existing use.

Environmental Impact Impact rating Disturbance of biodiversity and wildlife due to increased Slight –ve use of paths Lower carbon emissions for the Town due to increased Slight +ve cycling, walking etc. Lower atmospheric pollution from vehicle traffic due to Slight +ve increased cycling, walking

10. Links to the Sustainable Community Strategy and Corporate Plan

The proposals contained in this report relate to the following key areas of the Sustainable Community Strategy

Community Cohesion y Community Safety y Young People and Children y Health and Well Being y Older People y The Environment y The Local Economy n Social Inclusion n

The following key principles are applicable:-

(i) Working together n (ii) Dignity, respect and opportunities for all n (iii) Involving People y (iv) Making it last y

The report relates to the following areas in which the Council operates to enhance the town and the quality of life of local people:-

(i) Prosperity n (ii) Community y (iii) Environment y (iv) Value for Money y

11. Reason for the Recommendations

The pathways will be designated in perpetuity ensuring that the pathways are protected regardless of future land ownership. This would create a more formalised network of pathways across the Town ensuring public access is maintained indefinitely.

7 12. Background Papers

Highways Act, 1980 - http://www.legislation.gov.uk/ukpga/1980/66

Contact Officer:- Brett Hagen. Direct Line:- 01293 438543

8 APPENDIX 1 - Crawley Footpaths (FPs) 86aW and 98W - Creation Agreement to upgrade to bridleway (June 2006)

9 APPENDIX 2 - NCN 21 - from Church Road, Worth to junction with Bridleway (BW) 103W

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APPENDIX 3 - Tilgate Park - National Cycle Route 20 from Rosamund Road to the M23

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