PFD - Portfolio Holder Decision Councillor Leverett - 14 October 2004 - Footpath No. 5

BOROUGH OF POOLE

TRANSPORTATION ADVISORY GROUP – 14 OCTOBER 2004

REPORT OF THE HEAD OF TRANSPORTATION SERVICES

ON FOOTPATH NO. 5 (CORFE HILLS)

1. Purpose of Report and Policy Context

1.1 To consider a proposed scheme within the Transportation Services Capital Programme to link the end of Footpath No. 5 to Ashington Cutting.

1.2 Policy context – walking is an important feature both within the Transportation Strategy and for promotion of health and well being, one of the priorities in the Council’s Corporate Plan.

2. Recommendations

2.1 It is recommended that Members approve the scheme as described in this report and this goes forward for future consideration of the 2005/06 Capital Programme.

3. Background

3.1 Footpath No. 5 is currently shown on the Definitive Map as running from Higher Blandford Road (opposite Widworthy Drive) across mainly open heathland (including Corfe Hills Public Open Space) and Broadstone Golf Club land, and terminates at the boundary of an old railway cutting owned by the Club. The plan is shown as Appendix A.

3.2 The Corfe Hills Open Space Management Plan developed by Leisure Services some time ago recognised that there was a desire to extend this further. As such it was sought to provide a link from the end of Footpath 5 running through the Golf Club owned section of railway cutting and join the Council owned Ashington Cutting 250m to the north. This would then provide a through route to Merley Park Road and Ashington Lane as well as Footpath 2 (which links back to Bridleway 1 and Higher Blandford Road). The provision of this “missing” link has long been the desire of many local people and rambling groups.

3.3 An agreement was finally reached whereby:

i) The end destination of the existing path would be diverted some 50m northwards along the boundary of the cutting. This would take the footpath away from a nearby 16th green but with no detriment to the end destination.

ii) The Golf Club would allow a new path to be created along the embankment to the cutting, via a pedestrian footbridge to clear an access track, to join up with Ashington Cutting open space.

3.4 In December 2000 the Countryside and Rights of Way Act 2000 became law which, amongst other things, imposed more onerous obligations on English Nature for nature conservation. This led to English Nature reviewing and removing their previous approval for the new path along the embankment.

3.5 There were also separate concerns over the accessibility issues, especially for people with disabilities, both along the embankment and across the new footbridge.

3.6.1 As a result of these problems, the scheme as originally envisaged could not proceed and the agreement with Broadstone Golf Club was realistically no longer capable of being implemented. On this basis, the Public Inquiry process for considering the diversion of the Right of Way was formally abandoned.

4.0 Proposed Scheme

4.1 A modification to this original scheme achieving the link along the former track bed is now proposed. This would have the advantage of utilising an existing path and hence reducing wildlife and vegetation disturbance rather than the original proposed route. It would also eliminate the level difference and hence not present disability access problems.

4.2 Several approaches have been made to the Golf Club to seek their co-operation in moving this scheme forward. With co-operation a path along the track bed could be created by Agreement under Section 25 of Highways Act 1980.

However, the Club have not been receptive to this idea for the following reasons. ( the response to these issues is shown in italics )

(a) Proximity of the end of Footpath No 5 to the 16th Green.

This footpath has existed in its present form for many years with no significant reported incidents of injury.

(b) Concerns over trespass of walkers with greater public use

This is exacerbated by the frustration of walkers with the path currently ending at a point where there is a gate and fencing. If there were a through route available, such as that through Ashington Cutting, Bridleway 2 and Merley Park Road, the likelihood of the public wandering across the golf course is reduced

This can be overcome by appropriate signage. There are already examples of footpaths and bridle paths in the Borough that are used by vehicles to access property and land.

(d) Drainage problems along the track bed in the winter

This is not unusual in rural paths and given the relatively low level of vehicular use, maintenance is not likely to be significant.

It is considered that the resolution of the above issues is worthwhile when considered

against the overall benefit that the scheme offers:

· Resolution of public demand for a path (that has spanned 20 years)

· A useful recreational route

· Maximise existing public open space opportunities

· Likely reduction of trespass

· Bridging gaps in the rights of way network

· Striving for Excellence Priorities

- clean green and safe

- Health and well-being

4.3 In order to progress this it is considered that a scheme is to create this link by means of compulsory creation order, using Section 26 of Highways Act 1980, is the way forward This is obviously less desirable than the Section 25 route by the fact that it is not being done through co-operation, however, in the circumstances it is considered that there is no real alternative as seeking a path by agreement has been tried.

This process has to date been used relatively rarely in this way, although with the impetus on the proactive approach associated with CROW it is now being encouraged to be used more frequently.

To progress a compulsory path creation order the stages involved are as follows:

(a) Advertise the proposed Creation Order. This is a legal process which invites comments both for and against the proposal.

(b) English Nature are likely to require that particular arrangements are in place considering the effect on conserving the flora and fauna features that make the area a Site of Special Scientific Interest. Fire prevention is likely to be a significant concern here, particularly as the ultimate aim is to encourage more people to enjoy this route.

(d) If there are unresolved objections, as is likely to be the case with the Golf Club, then this will be forwarded to The Secretary of State for determination. The SoS may consider that a Public Inquiry is necessary.

(e) If the order is confirmed then the path legally exists and Council can add it to the Definitive Map in a legal event order. The golf course can then make an application for compensation to the Council for the instatement of a path of footpath status over approximately 300 x 2m area of land. The process is not one of buying the land but compensating the Golf Club for the loss of value of the land by allowing public access over it. The subsoil and interest in the air above the path still belongs to the Golf Club.

(f) The valuation of this is 600m2 of Open Space land is likely to be the subject of some negotiation between the Golf Club and the Council. Failure to agree would result in the matter being referred to a Land Tribunal for determination.

(g) Subject to satisfactory resolution of the above, the scheme can then proceed. Physical works are not substantial but likely to include signage, waymarking, clearance of the existing boundary treatment, and minor surface treatment.

Legal advice is that the process is sound and the consideration is that the public need for the path is evident, therefore the likelihood of it being successful is reasonably good. However, as with all Definitive Map modifications and Path Orders this outcome cannot be guaranteed, nor can the satisfactory resolution of land costings which are likely to be ultimately decided by land tribunal. As stated the use of this approach when co-operation has failed means that this process is relatively rarely used. For budgetary purposes an upper estimate of £15,000 for the whole scheme to go ahead would appear reasonable. Failure at any of the stages leading up to this would result in legal costs only being incurred, likely to be of the order of no more than £5,000.

4.4 There remains the strong local desire for this route to be established. This is demonstrated by inclusion within the Corfe Hills Open Space Management Plan, representations from the Broadstone Residents Association, Friends of Ashington Cutting, as well as numerous letters from the public. This has also been discussed many times at local Area Committees, most recently at a special footpath meeting on 10 December 2003 and the Broadstone, Merley and Bearwood Area Committee on 19 May 2004. Both of these meetings favoured the negotiated solution but recognised if this was not successful then the compulsory route should be considered. The recommendation of the meeting on 19 May 2004 was for TAG to consider funding for this scheme by means of inclusion within the Transportation Services Capital Programme.

4.5 The Countryside and Rights of Way Act 2000 places a statutory requirement on Highway Authorities to prepare a Rights of Way Improvement Plan by consultation that includes an assessment of the extent local rights of way meet the present and likely future needs of the public, opportunities for exercise, open air recreation and enjoyment of the area, accessibility to those with limited mobility or other disabilities.. While this is still being developed the needs assessment is likely to identify that the Footpath No. 5 onward links as a sought improvement. The Authority also needs to demonstrate that it is pursuing this Improvement Plan in the next Local Transport Plan if it is to continue to receive the appropriate level of Government funding in this area.

JAMES T BRIGHT

Head of Transportation Services

Appendix A - Route of Footpath No. 5 and Surrounding Area

Backgound Papers -

- Transportation Advisory Group 26 November 2001

- Broadstone, Merley and Bearwood Area Committee 17 September 2003

- Special Meeting of Broadstone, Merley and Bearwood Committee 10 December 2003

- Broadstone, Merley and Bearwood Area Committee 19 May 2004

Name and Telephone Number of Officer Contact:

Steve Tite (01202) 262020

7 September 2004

TAG141004T3B