Core Path Report for C152(f) (Benderloch) Oban to Appin (National Cycle Network)
1. Proposed Core Path
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2. Summary of Representations Received Representation Respondent Organisation/ Objection Respondents Respondent Objection Name Group Summery proposed Ref No. withdrawn action Objection Peter Weir P N and C Privacy & Amend P133 & M Weir Security / P134 Health & Safety / Business Objection Charles C. Hodge Core path Amend P003 Hodge Chartered should Follow Surveyors cycle path Objection Pamela A Argyll Privacy & Amend P132 Gaff Pottery Security / Health & Safety / Business Objection Michael and Twisted Health & Amend P009 Caren Wheel Cafe Safety / Leach Business Comment Clary Elliott Sustrans
3. History of Access i. Right of Way Status: None
ii. Recorded Access Issues: None
4. Site Visit A site visit was not considered worthwhile because of the ongoing negotiations between Sustrans and the Objectors.
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5. Alternative Route/s Where the route has now been constructed for instance between Benderloch and Rhugarbh, or agreed the mapping of the route has been amended to reflect this. We will stay in contact with Sustrans, Transport Scotland and other partners to allow us to make changes to the Core Paths Plan as the route develops. If you are aware of any further amendments that are required please contact the Access Team as soon as possible. Amendments to the route are shown below.
Amendment between Benderloch and Rhugarbh to reflect constructed route agreed with the landowner.
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6. Consultation with Objectors & Other Interested Parties The route we are showing passes close to people’s houses and through a busy working area associated with the pottery
7. Access Officer’s Initial Comments Argyll & Bute Council is working in partnership with Sustrans, SNH, Transport Scotland and others to deliver an Oban to Fort William Cycle Route. This proposed Core Path forms a part of that route. The responsibility for the delivery of this section of the National Cycle Network between Oban and Fort William rests with Sustrans one of the partners in the delivery of the project. Sustrans has taken a lead in the negotiations with the many landowners involved which are ongoing and likely to take some time to conclude.
Once a final alignment has been agreed with the land owners this will be designated as the Core Path. If it is unlikely that a route can be agreed and finalised before the adoption of the plan, the Council has two options, the first to continue to propose the design route (generally the line of the former railway line) as a Core Path or to demote it to the status of an Aspirational Path.
Designating the route as a Core Path could give the Council more powers to construct a path in the event that a negotiated agreement cannot be reached with a landowner, although the use of these powers would always be the position of last resort. If the path is designated as an Aspirational Route this would protect the route from obstruction in the event that a planning application is received, but might reduce the options available to the Council to construct a path without the agreement of the landowner.
The many objections to the proposed route are likely to be resolved by Sustrans through discussion with the landowners regarding the line and design of the route; therefore I do not consider it worthwhile to discuss them in detail at this stage.
The Core Path that is finally designated will follow the same route that Sustrans builds or at the very least has a legal agreement with the land owners to build. There is likely to be further progress with the negotiations for this route and construction of new sections of the path between the date of this report and the time that the Core Paths Plan is taken to a probable Public Local Inquiry later in 2012. This may necessitate further amendments to the plan to ensure that the line of the Core Path reflects that which will form part of the National Cycle Route.
Therefore the Council will continue to propose C152(f) with the amendments shown as a Core Path to ensure the sufficiency of the network in this area.
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8. Advice received from the Access Forum
Argyll and Bute Council Core Path Plan Finalised Draft 2012 Minute of Discussions by the Access Forum Path Number: C152 (f) Path Name: Oban to Appin (National Cycle Network) Forum Members Present Niall Macalister Hall (Chair) Dave Tomlinson Tony Charlesworth Nick Halls Mike McManus Malcolm Holder Jan Dunlop Tim Lister
Declarations of Interest None Members Familiar with the Location Blair Fletcher
Discussions On-going negotiations between route developer and landowners
Access Forum Advice to Argyll and Bute Council SupportX Officer’s Recommendation (in Section 7) Object to Officer’s Recommendation (in Section 7) Mixed opinion amongst Access Forum members (record all views below)
Majority View Record as core path but happy for line of route to change if required as part of the on- going NCN route negotiations
Minority View
9. Access Officer’s Final Recommendations The Forum were clear that this route should be designated as a Core Path and the Access Officers are making the same recommendation. However negotiations are continuing to agree with the land managers the final line of the National Cycle Network and Core Path which will follow the agreed route. The Access Officers will maintain contact with Sustrans and Transport Scotland who are leading these negotiations and update this report if negotiations are concluded. If negotiations cannot be concluded before the PLI the route may have to be decided by the Reporter.
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10. Appendices
Appendix I. Copies of the representations received during the formal consultation
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Appendix II. Copies of relevant correspondence
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Appendix III. Copies of responses additional consultations
Argyll and Bute Council Core Paths Plan Finalised Draft 2012 Objection Report Representation
Path or Launch Point No. & Name: C152(f) Benderloch.pdf
Support Officer's Recommendation
Comment:
Your name: Anne Hilditch On Behalf Of Ardchattan Community Council
Serial No. 71
Email address: [email protected]
Address & Phone: Salloch Cottage Barcaldine Pa37 1sf
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