EEC/06/182/HQ Public Rights of Way Committee 14 November 2006 Package of Proposals concerning the Lee Moor China Clay Area Shaugh Prior, Cornwood and Sparkwell Parishes, South Hams Report of the Director of Environment, Economy and Culture Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect. Recommendations: It is recommended that: (a) orders be made under Section 119 of the Highways Act 1980 to divert: (i) Bridleway No. 44, Shaugh Prior, as shown on drawing no. ED/PROW/05/49; (ii) Footpath No. 33, Cornwood, as shown on drawing no. ED/PROW/06/148; (iii) Footpath Nos. 31 & 47, Shaugh Prior, as shown on drawing no. ED/PROW/06/150; (iv) Footpath Nos. 25 & 26, Cornwood, as shown on drawing no. ED/PROW/05/107; (b) an order be made under Section 118 of the Highways Act 1980 to extinguish Bridleway No. 41, Shaugh Prior, as shown on drawing no. ED/PROW/05/111; (c) orders be made under Section 116 of the Highways Act 1980 to stop-up: (i) Bridleway No. 43, Shaugh Prior and a section of unclassified county road southeast of Blackaton Cross, as shown on drawing no. ED/PROW/05/108; (ii) a section of unclassified county road east of Wotter House with reservation of bridleway, as shown on drawing no. ED/PROW/06/151; (d) agreements be made under Section 25 of the Highways Act 1980 to: (i) create a bridleway around the northern and eastern perimeter of the Lee Moor clay works as shown on drawing no. ED/PROW/06/149; (ii) create a bridleway running north west from Quick Bridge to Wotter as shown on drawing no. ED/PROW/06/151. 1. Summary This report considers a package of proposals, put together through discussion with the landowners WBB Minerals Ltd. and Imerys Ltd., to address future quarrying operations and anomalies or problems with the existing path network in the Lee Moor area and to provide much desired additional off-road access for horse-riders to the open moor. 2. Background Devon County Council has been aware for several years of a number of unresolved public rights of way issues in the Lee Moor area, as a result of the china clay operations. In October 2004, WBB Minerals Ltd applied for the diversion of Bridleway No. 44, Shaugh Prior to enable permitted quarry development at the Shaugh Lake China Clay Works. A request was subsequently made to the Devon Local Access Forum for improved access for horse riders onto the open moor in the area. Discussions were held with both clay companies to put together a comprehensive package of proposals to address all the issues. The proposals are examined in section 3 of this report. The following consultations have been carried out: County Councillor John Hart supports proposals. South Hams District Council support proposals. Devon Countryside & Access Forum supports proposals. Shaugh Prior Parish Council support proposals, comment regarding proposal 7. Cornwood Parish Council no response. Sparkwell Parish Council no response. Dartmoor National Park support proposals within the Park area, specific comment regarding proposal 5. Ramblers' Association suggest alternative to proposal 6 & object to proposal 9. Support other proposals. British Horse Society support proposals. Byways & Bridleways Trust support proposals with reservations regarding proposal 9. Open Spaces Society suggest alternative to proposal 6 & object to proposal 9. Support other proposals. British Driving Society no response. Trail Riders Fellowship no response. Cycle Touring Club no response. CLA no response. National Farmers Union no response. Transco no response. Western Power no objections. South West Water no objections. Landowners/occupiers adjacent to the proposed bridleway creation agreement, proposal 5 were also consulted. 3. Proposals Proposal 1 – Diversion of Bridleway No. 44, Shaugh Prior Diversion applied for by WBB Minerals Ltd to enable permitted quarry development at Shaugh Lake China Clay Works. WBB has agreed to meet the cost for the order and to undertake the necessary accommodation works on the proposed route. No objections have been received in respect of this proposal. It is therefore recommended that an be made under Section 119 of the Highways Act 1980 to divert Bridleway No. 44, Shaugh Prior, as shown on drawing no. ED/PROW/05/49. Proposal 2 – Stopping-up of Bridleway No. 43, Shaugh Prior and the unclassified county road southeast of Blackaton Cross These routes were omitted from a previous stopping-up order in error and are now within the Lee Moor works, cut-off by a major haul road. No objections have been received in respect of this proposal. Therefore, it is recommended that an application be made to Magistrates Court under Section 116 of the Highways Act 1980 for a stopping-up order of the routes as shown on drawing no. ED/PROW/05/108 and that the costs of the order be borne by the County Council. Proposal 3 – Extinguishment of Bridleway No. 41, Shaugh Prior Bridleway No. 41 was omitted in error when the connecting highways were stopped-up in the 1970s. The route is now cut-off within the clay workings. No objections have been received in respect of this proposal. Therefore, it is recommended that an order be made under Section 118 of the Highways Act 1980 to extinguish Bridleway No. 41, Shaugh Prior as shown on drawing no. ED/PROW/05/111 and that the costs of the order be borne by the County Council. Proposals 4 – Diversion of Footpath No. 33, Cornwood (part) It was proposed that the Footpath No. 33, Cornwood be diverted onto the walked route at the northern end. No objections have been received and it is recommended therefore that an order be made under Section 119 of the Highways Act 1980 to divert Footpath No. 33, Cornwood as shown on drawing no. ED/PROW/06/148. It is further recommended that the costs of the order be borne by the County Council. The diverted route between points D-G-H is also subject to Proposal 5 below, for upgrading to bridleway. Proposal 5 – Bridleway creation agreement from Quick Bridge to Penn Moor (upgrading part of Footpath No. 33, Cornwood) Imerys has agreed to dedicate a public bridleway from Quick Bridge to Penn Moor to provide off-road access for horse riders to the open moor, several existing routes in the area having been cut-off. The adjoining landowner and occupiers, who have private access along the route, have concerns regarding the proposed upgrade to bridleway of Footpath No. 33, Cornwood. Their concerns are predominantly that use by large numbers of horse riders will damage the surface of the track and cause conflict with existing agricultural vehicle use. An inspection of the route shows that it currently suffers from erosion by surface water, which could be exacerbated by increased use. It is proposed therefore that minor improvements to surface water drainage could be carried out to address this issue. The track has an approximate width of 4 – 5 metres and will therefore easily accommodate walkers, riders and vehicles without undue conflict. In their response to the proposals Dartmoor National Park raised the idea of continuing the bridleway creation agreement around the northern boundary of the clay workings to join with the eastern end of Bridleway No. 44, Shaugh Prior and thus providing a legitimate link for cyclists (there is no access for bicycles on the open moor, unlike for horses). The Devon Countryside and Access Forum (DCAF) welcomed the suggestion of a link to Bridleway No. 44, Shaugh Prior to enable cycle use and hoped that the concerns of the adjoining landowner/occupier over their private access could be resolved. It was suggested that information boards could be erected. The improvement works and proposed continuation have been discussed with Imerys who have agreed in principle to both amendments. It is therefore recommended that, subject to confirmation from Imerys, Devon County Council enter into a creation agreement with the company to create a public bridleway of over 5 kilometres in length from Quick Bridge to Bridleway No. 44, Shaugh Prior. Proposals 6 & 9 – Diversion of Footpath No. 47, Shaugh Prior and Extinguishment of Footpath No. 31, Shaugh Prior It was discovered that the eastern end of Footpath No. 47, Shaugh Prior was not consistent with the walked route. In addition the western end was largely obstructed by vegetation and a ravine. Following consultations and a site meeting the Ramblers' Association have put forward a preferred alternative through Higher Lee Wood, which their members have been using. Objections were also received in respect of the proposed extinguishment of Footpath No. 31, Shaugh Prior which is largely obstructed by pipe work at the southern end. Again, ramblers have been using an alternative route through the clay workings to avoid walking on the busy road. The DCAF support the suggested amendments. The proposed amendments have been discussed with Imerys who have agreed in principle. Therefore, subject to confirmation from Imerys, it is recommended that an order be made under Section 119 of the Highways Act 1980 to divert Footpath Nos. 47 & 31, Shaugh Prior as shown on drawing no. ED/PROW/06/150 and that the costs of the order be borne by the County Council and Imerys meet the costs of accommodation works. Proposal 7 & 8 – Bridleway Creation Agreement from Quick Bridge to Wotter and stopping-up of county road at Wotter with reservation of bridleway As a result of earlier discussions a few years previously, Imerys Ltd created a permissive bridleway parallel to the county road between Quick Bridge and Lee Moor. They have agreed to formally dedicate the route together with a continuation to Wotter as shown on drawing no.