DEVELOPMENT CONTROL AND REGULATION COMMITTEE

Meeting date: 24 August 2016

From: Corporate Director – Economy and Highways

HIGHWAYS ACT 1980 SECTION 25 - PROPOSED CREATION OF PUBLIC FOOTPATH AT CROOKLANDS IN THE PARISH OF PRESTON RICHARD: DISTRICT OF SOUTH LAKELAND

1.0 EXECUTIVE SUMMARY

1.1 As part of the Council’s Rights of Way Improvement Plan (ROWIP) the landowner has agreed to dedicate a public footpath to avoid a short section of road walking on the A65 where there is no footway near Crooklands, near Kendal

1.2 The section of public footpath in the parish of Preston Richard, district of South Lakeland is shown A-B-C on the plan at Appendix A.

1.3 This can be done by an Agreement under Section 25 of the Highways Act 1980.

2.0 POLICY POSITION, BUDGETARY AND EQUALITY IMPLICATIONS, AND LINKS TO COUNCIL PLAN

2.1 The relevant procedure is an “administrative quasi-judicial” one. Members have discretion as to whether or not to enter into an Agreement, but such discretion must be exercised reasonably.

2.2 The relevant corporate theme is “To provide a safe and well managed highway network, secure infrastructure improvements and support local economic growth”

3.0 RECOMMENDATION

3.1 It is recommended that the Part 2G paragraph 2.1(g)(i) of the Council’s Constitution that the Corporate Director, Resources and Transformation be authorised to enter into an Agreement under Section 25 of the Highways Act 1980 with the relevant landowner and parish council to dedicate a new public footpath in the parish of Preston Richard. shown A-B-C on the plan at Appendix A

4.0 BACKGROUND

Detail

4.1 The path is proposed due to the approx. 80 metre gap in the footway alongside the A65 to the north of Crooklands, which forces pedestrians to walk in the road.

4.2 The parish council has identified a need for this link path during consultation with residents for their Community Plan, with over 50% of returned questionnaires highlighting the need for a safer walking route.

4.3 Cumbria Highways have been approached with a view to extend the footway and advised the parish that the cost would be in the region of £50,000, and it could not be considered for the foreseeable future.

4.4 The Countryside Access Team were subsequently approached and viewed this as a worthwhile and achievable project, and have agreed to part fund the project budget to the value of £1,800 from its Rights of Way Improvement Plan (RoWIP). This is on the condition that the path, once completed, be added to the Definitive Map and Statement of Public Rights of Way.

4.5 To secure the route as a right of way the Countryside Access Team has negotiated a creation agreement with the affected landowner and parish council.

4.6 The landowner has offered to dedicate a strip of land inside the field boundary to enable a safe walking route to be created.

4.7 The parish council have sought and obtained additional external funding of £14,000 as follows:-.

 SLDC Locally Important Project grant £10,000.00  Preston Richard Parish council 2,000.00  County Cllr Bingham 1,000.00  CCC RoWIP 1,800.00  Preston Richard Community Plan Group 1,000.00

4.8 The costs of building the new boundary wall will be met by local landowners and it will be built free of charge by the Drystone Walling Association.

4.9 The County Council will construct the path which involves creation of new 2 metre wide surfaced path (including breaching 2 walls and 2 fingerposts) and undertake ground predations for the wall. Consultation

4.10 South Lakeland District Council has been consulted in accordance with Section 25(3) of the Highways Act 1980 and is supportive of the proposal.

4.11 The local member, Councillor Roger Bingham is supportive of the proposal and has added to the project funding (£1000)

5.0 LEGAL CRITERIA

5.1 Section 25 of the Highways Act 1980 enables a local authority to enter into an Agreement with any person having the necessary power to dedicate a footpath, bridleway or restricted byway over land in their area.

5.2 The Council has given due consideration to the needs of agriculture and forestry and nature conservation pursuant to Section 29 of the Highways Act 1980

5.3 Under Part 2G paragraph 2.1(g) (i) of the Constitution, the Committee has power to create footpaths and bridleways.

6.0 OPTIONS

6.1 The Committee have two options;

a, that they accept the dedication to ensure that safe walking route is constructed and preserved in perpetuity; or

b, that they reject the dedication whereupon the path may still be constructed by the parish council but its long term maintenance, safety and thus usefulness cannot be assured

7.0 CONCLUSION

7.1 The proposal is an administrative, procedural process to formally create a public right of way.

7.2 The Committee is asked to support the recommendation and instruct the County Council to enter into an Agreement with the affected landowner and parish council to create the new public footpath as shown on the plan at Appendix A. Dominic Donnini Corporate Director Economy and Highways July 2016

APPENDICES

A - Plan showing proposed creation

IMPLICATIONS

Staffing: Nil Financial: Advertising cost approx. £200 Electoral Division: Lower Kentdale - Roger Kenneth Bingham

PREVIOUS RELEVANT COUNCIL OR EXECUTIVE DECISIONS [including Local Committees]

No previous relevant decisions.

CONSIDERATION BY OVERVIEW AND SCRUTINY

Not considered by Overview and Scrutiny.

BACKGROUND PAPERS

No background papers

Contact: Geoff Fewkes – Countryside Access Officer (07789 603253) E-mail: [email protected]