Note of Meeting
Wednesday 19 March 2014
Leaplish – Kielder Water
Present: David Brookes, Infrastructure Records Manager, Northumberland County Council
David Hall, Head of Leisure Strategy and Transformation, Northumbrian Water Ltd
Purpose of meeting
1. The meeting was requested by Northumberland County Council in response to a report (Freedom of Information Request – 101002361994) from a member of the public who alleged that Northumbrian Water had illegally closed a public right of way.
2. The meeting was necessary because it was unclear if Northumbrian Water had obstructed a public right of way. In addition, it was alleged that Northumbrian Water would close the right of way again as part of an event they hold on their estate called “Winter Wonderland”.
3. A landowner can legitimately close a public right of way for a number of reasons. The final purpose of the meeting was to inform Northumbrian Water of their rights and responsibilities as a landowner in relation to public rights of way across their land.
Background
4. The meeting was held at the Leaplish Centre and on site to walk the route which Northumbrian Water closed.
5. Northumbrian Water run an event each year called “Winter Wonderland”, which takes place over a number of weekends in November/December. The event attracts large numbers (estimate of 2000 people on each day of the event) of people. Part of the event is a walk along the Lakeside Way to a “Santa’s Grotto”. Because of the large number of people using the Lakeside Way Northumbrian Water has taken to erecting a sign at one end of part of the way stating that the route is closed and requesting users to use the adjacent exit road from Leaplish.
Facts
6. The Lakeside Way is a multi-user recreational route which has been constructed around the circumference of Kielder Water by a number of partners and landowners, including Northumbrian Water Ltd.
7. The Lakeside Way is used by walkers, cyclists, horse riders and “golf buggies” which are owned and operated by the Calvert Trust from their centre near to Leaplish.
8. The Lakeside Way comprises sections of public rights of way (footpath and bridleway) and landowner permissive routes.
9. No new public rights of way have been legally created as part of the construction of the Lakeside Way.
10. Where the Lakeside Way coincides with a public right of way it is because the alignment of the public right of way provided the most suitable route for the Lakeside Way.
11. Where the Lakeside Way coincides with a public right of way the public’s right of way is limited to those depicted on the Definitive Map and Statement of Public Rights of Way.
12. The duties and responsibilities of the Highway Authority only extend to the management of the public right of way.
13. The landowner can give and remove permission for the use of his land. This permission can extend to giving permission for people to use a public right of way which does not accord with its status (e.g. Landowner permission for horse riders to use a public footpath).
Northumbrian Water’s management of Winter Wonderland
14. This section should be read with reference to map one.
15. Northumbrian Water erect a sign at point A. The sign states that the Lakeside Way is closed and requests people to use a diverted route.
16. The diverted route is between points B and C and is the exit route from the Leaplish centre for motor vehicles. It is a one way route. The road is a private road but two sections coincide with a public footpath.
Findings
17. This section should be read with reference to map one.
18. The sign erected by Northumbrian Water at point A could possibly be interpreted as an illegal obstruction of a public right of way. However, the Definitive Map and Statement (map two) shows that there is a very slight difference between the alignment of the Lakeside Way and the definitive line of the public footpath at this point. Nevertheless, for the purposes of these findings Northumbrian Water was happy to accept that the public right of way would be obstructed at this point if they prevented lawful users from using it without the benefit of a temporary closure notice.
19. The alignment of the public footpath only coincides with the Lakeside Way between points 1 and 2. The Lakeside Way does not coincide with the public footpath for the majority of its length between the Leaplish Centre and point A on the map. The recorded line of the public right of way follows a route which is adjacent to the Lakeside Way but at various distances.
20. Northumbrian Water confirmed that during the event they wished to prevent cyclists and golf buggies from using the Lakeside Way because of the volume of visitors using the way during the event. It was confirmed that while the sign did prevent all users from using the route their intention was only to prevent cyclists, horse riders and golf buggies and that walkers could use the route. It was agreed that the definition of walker would also include mobility scooters and powered wheelchairs, which are legally travelling at a speed not in excess of 4 miles per hour. A user of a mobility scooter or powered wheelchair is required to give way to walkers on foot (the right of way remains with the pedestrian).
Conclusions and Actions
21. Northumbrian Water is willing to accept that it may have inadvertently obstructed a public right of way and has proposed actions to rectify this when the event is run in November 2014.
22. The Highway Authority is not satisfied on a balance of probability that Northumbrian Water has obstructed a public right of way. This is because the Definitive Map and Statement of Public Rights of Way in Northumberland show that the alignment of the public right of way is different than the alignment of the Lakeside Way.
23. Notwithstanding the Highway Authority conclusion it was agreed by the Council and Northumbrian Water that:
· The Lakeside Way is a permissive route through the Leaplish site and the landowner can withhold permission for the public to use its land.
· The landowner cannot give or withhold permission for a member of the public to use a public right of way.
· Northumbrian Water must ensure that members of the public can use the public rights of way network.
24. For the 2014 Winter Wonderland event Northumbrian Water will:
· Erect a sign at point A which indicates that the Lakeside Way is closed to cyclists, horse riders and golf buggies.
· Ensure that the sign informs the public that the public footpath remains open to people on foot (on foot includes people in powered wheelchairs and mobility scooters).
MAP ONE
MAP TWO