REPORT TO THE DEVELOPMENT CONTROL AND REGULATORY BOARD – 13TH MARCH 2003 PROPOSED PUBLIC PATH CREATION ORDER CREATION OF NEW BRIDLEWAYS Y5, Y10 AND Y12 IN THE PARISHES OF SHEARSBY AND ARNESBY REPORT OF THE CHIEF EXECUTIVE PART A PURPOSE 1. The purpose of this report is to seek the Board’s approval of part of the above-mentioned proposal. Recommendation 2. It is recommended that an Order be made under the provisions of Section 26 of the Highways Act 1980, the effect of which will be to create a public bridleway along the same line as public footpath Y5, between the villages of Shearsby and Arnesby, as shown on the plan attached to this report. Reason for Recommendation 3. That there appears to be a need for a public bridleway along the line of the existing public footpath Y5 between the villages of Shearsby and Arnesby. Circulation under Sensitive Issues Procedure 4. Mr. D. Jennings CC. Officer to Contact 5. Mr. Gary Jackson, Chief Executive’s Department, Tel 0116 2656159. 1 PART B Background 6. In August 2001 the Leicestershire & Rutland Bridleways Association submitted a petition to the County Council signed by 387 signatories, which called for Public Footpath Y5 between the villages of Arnesby and Shearsby to be upgraded to the status of a Public Bridleway. The accompanying letter from the Leicestershire & Rutland Bridleways Association also called for Public Bridleway Y12 at Arnesby, which is currently a cul-de-sac route, to be extended through to Public Bridleway Z28. The petition and letter were subsequently put before members in October 2001. 7. In December 2001, two further petitions were presented to members which were in opposition to the original petition. They were signed by 214, and 94 people respectively. 8. The proposal would involve the creation of new bridleway rights along Public Footpath Y5 and the creation of a completely new right of way extending the route of Public Bridleway Y12 northwards. Legal Considerations 9. If the owners of the land over which these paths are proposed to be created were in agreement with the proposal, then the County Council could enter into a Creation Agreement with them under the provisions of Section 25 of the Highways Act 1980. However, the landowners are in this case, strongly opposed to the proposal. 10. Under the provisions of Section 26 of the Highways Act 1980, the County Council has the power to create new public rights of way by a Creation Order. Such Orders can be made without the agreement of the landowners concerned but in such cases compensation may be required. 11. When applying Section 26 of the Highways Act 1980, the Authority should have regard for the following:- (a) The extent to which the path or way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area. (b) The effect which the creation of the path or way would have on the rights of persons interested in the land. 2 Comments of the Director of Community Services 12. The Director of Community Services has made the following comments:- 13. Public Bridleway Y12 The owners of the land over which Public Bridleway Y12 crosses, namely Mr. & Mrs. Shipman of Manor Farm, Arnesby, have always disputed the existence of this bridleway and have held to the view that it was wrongly included on the Definitive Map. On learning of the proposal to extend this bridleway they submitted a Definitive Map Modification Order dated 6th March 2002, the purpose of which is to seek the removal of this bridleway from the Definitive Map on the basis of historical evidence. As this bridleway is now subject to this application and was only secondary to the main proposal outlined by the petitioners relating to Public Footpath Y5, I would recommend that this part of the proposal be abandoned at least until such time as the outcome of the Definitive Map Modification Order application is known. Therefore further comments are limited solely to the proposal to upgrade Public Footpath Y5. 14. The Route of Public Right of Way Y5 Church Lane Shearsby extends northwards from the village square as an enclosed lane for approximately 150 metres, before it peters out and becomes the unenclosed public right of way Y5. At Arnesby an enclosed trackway extends southwards from St. Peter’s Road for approximately 140 metres, before it too peters out and becomes the unenclosed public right of way Y5. Approximately half way along the public right of way the public path runs between two hedges for almost 55 metres. This section of the path is known to many locals as “Cut Throat Lane” or “Cut Throat Alley”. The existence of the two enclosed lanes at both ends of the route, together with the enclosed middle section has lead to the view held by several local people, that this path used to be an enclosed lane forming the original road between the two villages, until at some time in the past it was bypassed by the Welford Road to the north east. I have looked into this matter to determine if there is any documentary evidence to support this view. The Welford Road follows the pattern of an ancient ridgeway route following high ground with villages set down slope to either side. (In this case the villages of Foston, Arnesby, Shearsby, Mowsley and Knaptoft). Many such ridge roads date back to the Iron Age and beyond, and it is likely that the Welford Road is at 3 least as old as the surrounding settlements if not older, and therefore it is unlikely to have “bypassed” the route in question. I could find no conclusive evidence to suggest that the public path between the two villages is anything other than a footpath. It does not appear on any of the antique maps of the county and there is no evidence in relation to the path included in Tithe or Enclosure Awards. I suspect that as with many local “legends” there is some truth in the idea that this path used to be an important road or trackway between the two villages. The surviving landscape features definitely lend themselves to this interpretation. However, it would appear that it has not been used for anything more than a footpath for several hundreds of years. There is only one small piece of evidence currently available which points to the route being more than a footpath. The route of Church Lane is described as “the road leading from Shearsby aforesaid to Arnesby”, within a conveyance of land between Walter Wingfield Nuttall and John Gregory Elliot, dated 1st July 1914. This would suggest that the whole of the path between the two villages was considered to be a road at this time, but on its own it is not strong evidence and in my opinion, would not be sufficient to warrant a Modification Order to have the route upgraded. Therefore, if this route is to become a recognised public bridleway it will have to be by means of a Public Path Creation Order rather than because of any historic bridleway use. Site Survey 15. A survey of the route was made on 15th January, 2002 and a plan prepared indicating the works that would be required to make the path suitable for horse riders. (Survey Document No.1 - Copies are available for inspection in the Members Rooms and the Members Library.) Consultations 16. The following parties have been consulted and have made no objection:- Harborough District Council Harborough Highways Partnership Leicestershire Footpath Association The Association has stated that they do not object to the proposal in principle, but do have concerns over the surface of the route. For instance in the first field past Arnesby Church, this is usually ploughed and cropped and is very muddy during winter months. Therefore some form of material would need to be placed on the ground for multi use of 4 riders and walkers, and would urge the County Council to consider an all weather surface for the majority of the route. The footpath between Arnesby and Shearsby is used regularly by local inhabitants, although it is understood there is considerable feeling against the proposal. The Association accept the observation concerning lack of bridleways through the area and the upgrading would be beneficial to riders in the area. Fisher German Chartered Surveyors (acting for Esso Petroleum Co. Limited and Mainline Pipelines Limited) Severn Trent Water Limited East Midlands Electricity Environment Agency Energis Communication Limited Transco The National Grid Company Plc 17. The following letters of support have been received:- 22 letters of support have been received and are listed below:- (Letters of Support Document No. 2 - Appropriate copies are available for inspection in the Members Rooms and the Members Library.) H. Maeers, Manor Farm, Peatling Magna B. Maeers, Manor Farm, Peatling Magna Mrs. E.K. Winterton, The Limes, Church Lane, Shearsby Mrs. L. Cotterill, 15 Hallcroft Avenue, Countesthorpe Mr. & Mrs. T.J. Freeman, The Walnuts, St. Peters Road, Leicester Miss P. Elliott, Burdetts Paddock, Fleckney Lane, Arnesby A. Elliott, Burdetts Paddock, Fleckney Lane, Arnesby S. Elliott, Burdetts Paddock, Fleckney Lane, Arnesby. A. Elliott, Burdetts Paddock, Fleckney Lane, Arnesby Mr. D.C. Winterton, The Limes, Church Lane, Shearsby E. Winterton, The Limes, Church Lane, Shearsby K. Winterton, The Limes, Church Lane, Shearsby L. Winterton, The Limes, Church Lane, Shearsby Mrs. E.J. Vostani, Bank House, The Bank, Shearsby Mr. & Mrs. J. Winterton, The Cottage, St. Peters Road, Arnesby A. Wood, Peatling Saddlery, The Barn, Wistow Rural Centre, Kilby Road, Wistow Mr. G. Parker, 10 Glaisdale Road, The Meadows, Wigston Mr.