Highways Act 1980 Section 25 , Sidlesham: Proposed Creation of Public Footpath and Permissive Footpath and Bridleway at Medmerry

Report for Consultation

1. Background and Location

In 2012 the Environment Agency began work on the Medmerry Managed Realignment Scheme to protect the coast between Bracklesham and from future flooding. The scheme, which has now been largely completed, included the creation a 7km embankment to act as a catchment at times of potential flood so as to reduce tidal pressure on Selsey. An important benefit of the scheme was the opportunity to provide improved public access to the Medmerry area by means of an extensive package of footpaths and permissive footpaths and bridleways, which was developed with the Environment Agency and other landowners.

In the main this new network has been in place for some years and has proved popular with walkers, horse riders and cyclists. Unfortunately though, due to landownership issues, it was not previously possible to secure the necessary agreements in respect of part of the northern-most length of the new network just to the south of Easton Lane, Sidlesham. Therefore, in terms of its legal status, this left a sizeable gap between the east and west parts of the Medmerry path network albeit this has been extensively used by the public meanwhile.

However, the Environment Agency has recently acquired the land south of Easton Lane and so it is now possible to move forward with the necessary agreements to secure the paths needed to close this gap, thereby providing a continuous network of footpaths and permissive footpaths and bridleways around the Medmerry embankment.

2. Proposals (see Environment Agency Plans 1C and 1D)

It is intended that the County Council will enter into a Creation Agreement with the Environment Agency under S25 of the Highways Act to create new definitive public footpaths as shown on Plan 1C and also to create lengths of both permissive footpath and bridleway as shown on Plan 1D. These proposals are described separately but will be taken forward together to be integrated as part of the existing network.

2.1 Proposed Definitive Public Footpath and spur to carpark – Plan 1C

The Environment Agency has provided a small informal carpark off Easton Lane (shown on Plan 1C) for the purpose of improving accessibility to the Medmerry area for disabled path users. A new 2.5 metre (m) wide fine gravel surfaced path has been installed from C to D and is to be dedicated as a definitive public footpath. At D the path linking to the carpark meets the Environment Agency’s maintenance track, which runs on the landward side of the embankment. It is proposed that the route westwards to meet existing fp3751 at A and eastwards to meet fp 3752 at B – a total of almost a kilometre in length – be dedicated as a definitive public footpath.

2.2 Proposed Permissive footpaths and bridleway Plan 1D

It is proposed that the length of maintenance track AP to BP, which is to be dedicated as a public footpath, will also carry permissive bridleway rights as shown on Plan 1D. The track has a 3m surfaced width with horseriders able to use the adjacent grassed surface if they choose. It is unenclosed so permitting path users regardless of mode to pass each other safely and conveniently. The new permissive bridleway will enable the existing permissive bridleways P36 and P37 to be linked, so providing a continuous route for horse riders and cyclists following the embankment westwards to Bracklesham and eastwards to the coast near Selsey.

In addition, a permissive footpath, 2m in width, is to be provided along the embankment crest between points AP to BP thereby linking permissive footpaths 32 and 33 so that walkers can enjoy panoramic views. Graded paths across the embankment slope are to be provided to allow walkers to ascend the embankment at point D (Plan 1C).

In keeping with the existing permissive agreements, access rights are offered by the Environment Agency until 2024 and thereafter unless six months’ notice in writing given by either the Agency or the County Council to the other at any time on or after 2024. As with other permissive access agreements, the agreement will cease should the Environment Agency no longer own the land. Further, the Environment Agency has reserved the right to stop all permissive access on the first Monday each February (should it choose to do so), also to give 14 days’ advance notice to the County Council in the event it plans maintenance works and is unable to safely keep access available.

3. The Legal Tests

The routes shown on Plan 1C are offered to the County Council by the Environment Agency as public footpaths, which the Council can accept by means of a public path creation agreement under the Highways Act 1980 section 25. The County Council has powers as a local authority to enter into permissive access agreements and generally chooses to enter into such agreements where it is advantageous to the public to do so.

4. Consultations

The County Council is required to consult with the relevant district council when entering into any public path creation agreement. In addition, the whole of the Medmerry package of new paths was the subject of wide consultation with the usual interested parties prior to being approved by the Rights of Way Committee in 2015. It met with undivided support at the time as borne out by the paths’ present day popularity with users. It is therefore reasonable to assume that the earlier support for the package of new path remains the same.

5. Costs and Works

The Environment Agency has already undertaken the works necessary to provide the new routes. The County Council has agreed to be responsible for the cost of additional signage. Also, the County Council has agreed to maintain path surfaces where damage arises from use as public footpath and permissive bridleway use.

6. West Rights of Way Management Plan, Human Rights Act 1998, Equality Act 2010 and Crime and Disorder Act 1998 Implications

In considering this proposal the County Council’s responsibilities under the provisions of the above have been taken into account.

7. Conclusion

The Medmerry path network provides a valuable and already much used recreational amenity and the creation of these new lengths of footpath, permissive footpath and bridleway will enable the continuity of the routes around the flood defense embankment to be secured and formalise existing use.

Judith Grimwood Public Rights of way Officer August 2019