Crawley Borough Council Report No: AM/049 B Report to Cabinet 16 January 2013 THE DEDICATION OF EXISTING PATHWAYS AS PUBLIC RIGHTS OF WAY UNDER THE HIGHWAYS ACT 1980 1. Key Points 1.1 The Council has been approached by the Countryside Access Forum for West Sussex about the creation of three Rights of Way and their dedication as formal bridleways under s25 of the Highways Act 1980. 1.2 Section 25 of this Act allows local authorities to enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath or bridleway over land in their area. 1.3 The pathways will be designated in perpetuity ensuring that the pathways are protected regardless of future land ownership. This would create a more complete formalised network of pathways across the Town ensuring public access is maintained indefinitely. 1.4 Maintenance of the pathway surface in the future will be vested in West Sussex County Council who are equipped with the necessary resources to maintain the pathways in the future. However, Crawley Borough Council would retain responsibility for cutting back vegetation along the pathways. 2. Recommendations 2.1 Members are recommended to:- 1. Agree the dedication of the routes for all three paths in perpetuity as described in paragraph 3 of the report as per the attached plans, subject to West Sussex County Council undertaking the required statutory public consultation exercise. 1 2. Delegate authority to the Head of Legal and Democratic Services to execute permissive path creation agreements in respect of the following pathways namely:- 1. Crawley Footpaths (FPs) 86aW and 98W - Creation Agreement to upgrade to bridleway. 2. NCN21 – from Church Road, Worth to junction with Bridleway (BW) 103W. 3. Tilgate Park – National Cycle Route 20 from Rosamund Road to the M23. PHIL ROGERS Director of Community Services 2 3. Background 3.1 The Council has been approached by the Countryside Access Forum for West Sussex (CAFWS) regarding the creation of the three rights of way and their dedication as formal bridleways. The Countryside Access Forum for West Sussex is an independent advisory body established by statute to give access advice to local authorities, statutory organisations and other non- governmental organisations. The Forum’s main objective is to ensure the existing network of public rights of way is protected and where possible enhanced. The Countryside Access Forum for West Sussex has a balanced membership of knowledgeable and experienced users, landowners and other interests. A recent meeting of the Forum highlighted a number of points in respect of the status of public rights of way and National Cycle Network Routes within the Borough and it was agreed by members of the Forum that contact should be made with this Council to suggest how improvements could be made to the routes identified within this report which would meet the aims and objectives of the West Sussex Rights of Way Improvement Plan. 3.2 Permissive Paths are not legally recorded Public Rights of Way and are not defined by statute. They are usually routes which the landowner has permitted for use by the public. In addition, to any public rights of way that cross land the owner may decide to dedicate permissive routes, either formally or informally. An owner can give consent for an additional route on the owner’s land to be used by the public by dedicating it as a permissive on a temporary or permanent basis. There are two types of permissive path agreements namely through agreement and formal consent. 3.3 A formal agreement can be entered into with West Sussex County Council to allow use by the public for an initial special period. The permissive path cannot be withdrawn during the life of the agreement. Approval from the Rights of Way Committee at West Sussex County Council is required to set up such an agreement. Alternatively, an owner may simply allow the public to use a route on his or her land and this consent may be withdrawn at any time. West Sussex County Council, as Highway Authority shall be liable, subject to agreed terms, for the maintenance of a permissive path where there is a formal agreement in place for the term of the agreement. 3.4 The footpaths in question are as follows:- 1. Crawley Footpaths (FPs) 86Aw and 98W – Creation Agreement to upgrade to bridleway Public footpaths 86aW and 98W together form a path known locally as The Bower in Maidenbower. Footpath 86aW runs south, southwest from Worth Way until it meets footpath 85W. At this point footpath 98W runs south, southeast until it meets Maidenbower Drive. A proposal to dedicate these footpaths as bridleways to improve local access opportunities, in part as a Safer Route to School Scheme, and also to provide cyclists and equestrians with a safer alternative to the local road network, was presented to the West Sussex County Council’s Right of Way Committee at a meeting on 5 th June 2006. Crawley Borough Council, as landowner and an active partner in the scheme, had given its support to the proposal. In reality 3 these paths were already in use, and had been for some considerable time, by cyclists and equestrians. The scheme linked National Cycle Route (NCN) 21 at Worth Way, with Route 20 through Tilgate Park. The scheme, costing £100,000, was awarded £50,000 by Sustrans (West Sussex County Council WSCC)). Since completion of the works, and the erection of bridleway signage (around Sept 2006), the route (NCN 20) has been used by walkers, cyclists and equestrians on a daily basis, and is a valuable and important addition to the access network in the Borough. Indicated in Appendix 1. 2. NCN 21 – from Church Road, Worth to junction with Bridleway (BW) 103W At a meeting of the WSCC Highways and Transport Committee in March 1995, it was resolved to support the proposed National Cycle Network, which was being promoted by Sustrans, and in particular, route 21 which passes through the north-east corner of West Sussex. Crawley Borough Council gave their support to the proposal to construct a section of NCN 21 along the trackbed of the former Crawley to East Grinstead railway line known as Worth Way. Footpaths 86bW, 97W (part) 103W and 3395 (part) passed over part of this section (The Bower to Balcombe Road). It was agreed to alter the status of these footpaths to bridleways, to enable use by cyclists and equestrians. This route also forms part of the Borough Council’s orbital route or “Greenway” as it is known. As the railway here ran in a deep cutting, an access ramp was constructed from the eastern end of what is now BW 103W, a short distance east of the Balcombe Road. The access ramp joined a newly constructed path running along a terrace on the south side of the cutting (from Balcombe Road to Church Road, Worth). This section also forms part of the “Greenway”. However, the access ramp from the junction with BW 103W, and the path running along the terrace from Balcombe Road to Church Road was only given “permissive” status at the time. As a result, the path does not appear on the definitive map, on OS maps, or even on the WSCC I-Map as a bridleway open to all users. Once again, this section of route is very well used daily by walkers, cyclists and equestrians, is part of the “Greenway”, and is very important in the network of safe off-road routes around Crawley. Indeed, without this section, there would be no access to BW 103W at its eastern end. This Council has been requested to formalise the status of this “permissive” section of NCN 21, to reflect the position as it is on the ground, and ensure the security of the route in the long term. Indicated in Appendix 2. 3. Tilgate Park – National Cycle Route 20 from Rosamund Road to the M23 There are a number of very well used permissive leisure routes, including NCN 20, running both through and around Tilgate Park. The Forum requests, that in the case of NCN 20, which runs through Tilgate Park from Rosamund Road in the north, to the M23 in the south, the Borough Council gives consideration to formalising this route, to reflect what has been the position on the ground for over 40 years. Formally dedicating this route as a bridleway would secure its availability to walkers, cyclists and equestrians for the future, and ensure its appearance on OS maps. There is no cost to 4 landowners who dedicate or upgrade public rights of way and therefore these suggestions would not impact on Crawley Borough Council’s budgets. Being recorded on the Definitive Map as a route with a status that corresponds to actual usage will ensure they are appropriately inspected and maintained by West Sussex County Council’s Rights of Way service in common with other public rights of way across the county. All of the above pathways are already covered by permissive use as bridleways, walkways and cycle paths and the proposal is to formalise this existing situation. Indicated in Appendix 3. 4. Consultation An internal consultation was undertaken involving all relevant departments including: - Property (undertook a review of the Registered Titles) - Community Service & Glendale (Tilgate Golf Course contractor) - Amenity Services (Parks & Street scene) - Planning (who further consulted the Forestfield & Shrubland Conservation Area) No objections to taking forward any of the three footpath agreements was given. A member of the Forestfield & Shrubland Conservation Area requested that the path start at Rosamund Road.