Highways Act 1980 Section 25

Crawley: proposed creation of Public Bridleway connecting Rosamund Road with Public Footpath 3384/1 and up-grading a section of Public Footpath 3387 to Public Bridleway

Report for Consultation

1. Background

Crawley Borough Council (CBC) has for many years been actively working with partners to improve access in and around Crawley for the benefit of residents and visitors. The Local Access Forum has approached CBC with a request to formally dedicate two paths on CBC-owned land as bridleways, so enabling users to enjoy existing permissive use in perpetuity and that they may be signed and advertised as formal public rights of way on the ground and on Ordnance Survey mapping.

This report refers solely to a path connecting Rosamund Road with Public Footpath 3384/1; an additional report has been prepared for the proposed dedication of a bridleway as part of the popular between Balcombe Road and Church Road, Worth.

2. Location (see Location Plan)

Tilgate Park lies on the south side of Crawley north of the . The Park is owned and managed by CBC for the benefit of the public, who enjoy wide roaming access on foot, bicycle and horseback. A track connecting Rosamund Road with a bridge spanning the M23 is regularly used by cyclists and horseriders as it is a logical connection between public bridleway 3386/2 and a tunnel beneath the London - Brighton railway in the north, beyond which users can connect with the popular Worth Way bridleway, and permissive access tracks in Forest south of the motorway used as part of National Cycle Network Route 20 and with a toll ride for equestrians.

3. Proposal (see Site Plan)

At the southern end of Rosamund Road a gate with equestrian handle opens to permit public access into Tilgate Park. A stoned 2.3m track arcs generally south for approximately 165m to its junction with Public Footpath 3387. After following the footpath south eastwards for approximately 15m, which would need to be up-graded to bridleway status, the route turns south west along an existing 2.7m wide stone track, then south and south-westwards, the latter on the eastern side of electricity power lines and pylons and through Tilgate Forest Golf Course, to its junction with Public Footpath 3384/1, where the path is 3m wide. The entire length of the route is approximately 1.3km.

Along the northern section of the route the path runs generally between trees and understorey vegetation, becoming more open further south as it runs adjacent to several parts of the golf course. There is good visibility for all park visitors with users of the track and there is no record of any conflict either between users or with golfers.

4. The Legal Tests

It is proposed to dedicate the route shown on the site plan as public bridleway by means of a public path creation agreement under the Highways Act 1980 section 25. The County Council is able to enter into an agreement with any party subject to being satisfied that that party has the necessary power to dedicate; the County Council is satisfied that CBC is owner of the land crossed by the various paths.

5. Rights of Way Improvement Plan considerations

The proposal has been examined in the context of the Rights of Way Improvement Plan and is considered to be in accordance with one of the key aims to create new routes together with other relevant provisions of the Plan.

6. The Equality Act 2010

In considering this application the County Council’s responsibilities under the provisions of the Equality Act 2010 have been taken into account.

7. Consultations

The County Council is required to consult with the relevant district or borough council when entering into any public path creation agreement. In this instance, with CBC being party to the proposal, it has already given its support at a Cabinet Meeting on 16 January 2013.

This consultation report is being sent to the relevant user groups, the Sussex Police Crime Prevention Design Advisor, County Councilors and other interested parties with the request that any comments be submitted by 20 May 2013. Careful consideration will be given to all responses received.

8. Costs and Works

In the event the proposal is accepted the County Council has agreed to be responsible for the costs of any change to signage and to improve a small muddy section of the route close to Rosamund Road. Thereafter the County Council will maintain the path surface in accordance with standards and practices around the county public rights of way network.

9. Conclusion

This proposal is an excellent opportunity to enhance and support recreational access in Crawley.

Jon Perks Principal Rights of Way Officer 27 March 2013