AGENDA ITEM NO.: Originator: 12(3) - Personal data Tel: 237 5264 REPORT OF THE CHIEF RECREATION OFFICER REPORT TO THE LEARNING & LEISURE OFFICER BOARD DATE : 24 MARCH 2004 SUBJECT : HIGHWAYS ACT 1980 – SECTIONS 25 AND 118 : PROPOSED PUBLIC PATH CREATION AGREEMENTS AND EXTINGUISHMENT ORDERS – OFF BARWICK ROAD AND PARLINGTON LANE Electoral Wards Affected : Specific Implications For : BARWICK AND KIPPAX Ethnic Minorities GARFORTH AND SWILLINGTON Women Disabled People Executive Eligible for Call In Not eligible for Call In Board (details contained in the report) Decision 1.0 PURPOSE OF REPORT 1.1 To consider making a Public Path Extinguishment Order in relation to two sections of a non – definitive route known as the Old Coach Road, together with an adjoining section of undefined bridleway, located within the parish areas of Parlington and Garforth. 1.2 To consider making a further Public Path Extinguishment Order in relation to two other sections of a non - definitive public path between Aberford Road and Parlington Lane, located within the parish of Parlington. 1.3 To seek authority for the City Council to enter into concurrent Public Path Creation Agreements with relevant landowners to create a number of public bridleways and footpaths located within the Aberford, Barwick, Garforth and Parlington areas of Leeds. 2.0 BACKGROUND 2.1 In the late 1980’s the City Council was required to respond to a Notice, served under Section 56 of the Highways Act 1980, which affected various non - definitive routes within the vicinity of the Parlington Estate. This made it necessary for Council Officers to carry out historical research concerning the alleged public status of these routes. Currently a number of public paths are recorded on the Definitive Map ( the legal record of public rights of way ) in the vicinity of Parlington Estate. For clarification of the current position, a reduced A4 extract of the Definitive Map working copy, sheets SE 43 NW/SW, is attached as Plan 1 at Appendix A. 1 2.2 The evidence discovered suggests the likely existence of two adjoining highways to the status of Public Bridleway, in the Parlington and Garforth areas. The majority of the extent of the ways in question lie within the Parlington Estate and the evidence concerns, in particular, a route known as ‘The Old Coach Road’ and an adjoining undefined route to it’s west. The existing lines of Old Coach Road are shown on Plans 2, 3 and 4, Appendix A and the undefined route is shown between Points K and L on Plan 3. 2.3 The Old Coach Road lies to the east of Barwick Road, Garforth and links between this road and Parlington Lane (Public Bridleway Parlington No.2). Currently Public Footpaths Garforth No.s 7a, 7(part) and 8(part) subsist on the same route as the Old Coach Road, where it subsists to the south of the new M1 Motorway. The route of the undefined bridleway lies to the north of the new M1 across a ploughed field located to the west of the Old Coach Road. This bridleway formerly linked to Barwick Road. 2.4 In addition, an adjacent footpath known as ‘The Flyline‘, which lies to the east of the Old Coach Road and connects between Parlington Lane and Public Bridleway Garforth No. 10, is affected by the proposals as set out in Section 3.0. The Flyline was subject to a court hearing in 1987/88, relating to it’s claimed public status. This led to it’s acceptance as a public footpath by the Parlington Estate, who own the majority of the land over which the Flyline subsists. Currently the Flyline carries Public Footpaths Parlington No. 9 and Sturton Grange No. 6, as shown on Plan 1, Appendix A. 2.5 In this connection when the A1/M1 motorway link road was later constructed appropriate crossing facilities were provided in order to accommodate both the Old Coach Road and The Flyline, although at the time neither route was recorded on the definitive records. Additionally a short section of new public bridleway was constructed at either side of the new motorway by the Highways Agency to accommodate the Old Coach Road. These features link to a connecting subway beneath the motorway. This new bridleway was created by the Side Roads Order for the new motorway and it’s approximate location is shown on Plan 1 and also between Points D and E on Plans 2 and 3 of Appendix A. 2.6 The construction of the new motorway has consequently necessitated the need to clarify the location and legal status of a number of key routes. This has in turn led to negotiations occurring with the Parlington Estate, together with the affected neighbouring landowners, who have all indicated a willingness to dedicate various public paths in conjunction with the extinguishment of the aforementioned sections of probable historic highway ( public right of way ). 2.7 During these negotiations the rights of way situation across the Parlington Estate in general was discussed and the Estate have expressed a willingness to create a new public bridleway, together with two additional public footpaths, over existing non – definitive tracks, lying between existing highways in the Aberford, Barwick and Parlington areas, in conjunction with the extinguishment of the two unused sections of path, as referred to above. 2.8 Two of the public paths to be created were previously admitted as public rights of way in a statutory declaration, made under the provisions of the Rights of Way Act 1932, by Alvary Gascoigne of the Estate Office in Aberford in 1935. These routes connect to each other and lie to the west of Aberford village between Points S, R, Q and P, and Points T and U, as shown on Plans 7 and 8 of Appendix A, respectively. 2 2.9 The third public path to be created is located between Barwick Road / Long Lane and Parlington Lane, in the parish of Barwick, as shown between Points V and W on Plan 9, Appendix A. This path was also subject to the court hearings in the late 1980’s and was admitted as a public footpath at this time. 3.0 MAPS OF THE AREA 3.1 The following maps are attached to this report at Appendix A : (a) Plan 1: Extract from Definitive Map of the area (Sheets SE 43 NW/SW) – showing the recorded public rights of way network, as it now exists (Scale 1:10,560 reduced). (b) Plan 2 : Extract from plans of the area south of the M1 motorway showing the sections of Public Footpaths Garforth Nos. 7a, 7 and 8 to be upgraded to bridleway status, between Points A, B+ and D, together with section of Old Coach Road between Points B and C to be extinguished (Scale 1:2500). (c) Plan 3 : Extract from plans of the area north of the M1 motorway showing the section of bridleway to be created, between Points E, F and M, together with undefined bridleway, between Points K and L to be extinguished (Scale 1:2500). (d) Plan 4 : Extract from plans of the area showing the section of the Old Coach Road to be extinguished between Points F and G, within Parlington Hollins (Scale 1:2500). (e) Plan 5 : Extract from plans of the area showing the section of new bridleway to be created between Points L+ and H+ (Scale 1:2500). (f) Plan 6 : Extract from plans of the area showing the section of Parlington Path No. 9 to be upgraded to bridleway, between Points I+ and N, together with the additional bridleway link to be created between Points N and J+ (Scale 1:2500). (g) Plan 7 : Extract from plans of the area north of Parlington Lane, showing the section of bridleway to be created, between Points N+ and O, together with the sections of non - definitive bridleway, between Points S and R and Q and P, to be extinguished (Scale 1:2500). (h) Plan 8 : Extract from plans of the area showing the section of new public footpath to be created between Points T and U (Scale 1 : 2500). (i) Plan 9 : Extract from plans of the area showing the section of new public footpath to be created between Points V and W (Scale 1 : 2500). (j) Plan 10 : Copy of an amended Definitive Map extract of the area (Sheets SE 43 NW/SW) – showing the recorded public rights of way network, together with the proposed changes to the public footpath and bridleway network in the vicinity of Parlington Estate (Scale 1:10,560 reduced). 3 4.0 PROPOSAL 4.1 Following discussions with their representatives, the owners of the Parlington Estate have agreed to the creation of various public rights of way on land within their ownership. The described changes to the public rights of way network are shown on the maps referred to in Section 3.0 of this report. For clarification an amended extract from the Definitive Map for the area, showing the proposed changes, is attached at Plan 10, Appendix A. Where physical improvements are required on the bridleway routes to be created, the Parlington Estate will carry out works as required by the Council. 4.2 In conjunction with the proposed measures, the Parlington Estate have applied for the extinguishment of two sections of non-definitive bridleway which are currently unused and are not considered to be necessary for public use. These routes consist of the believed historic line of the Old Coach Road through Parlington Hollins, between Points F and G, and the undefined east-west bridleway located between Points K and L, as shown on Plans 4 and 3, Appendix A, respectively.