BOROUGH OF POOLE
BROADSTONE, MERLEY AND BEARWOOD AREA COMMITTEE
8 FEBRAURY 2005
REPORT FOR INFORMATION OF HEAD OF TRANSPORTATION SERVICES
ONWARD LINKS FROM PUBLIC FOOTPATH 5
1.Purpose of Report and Legal powers and duties
1.1To report on negotiations with linking the existing Public Right of Way Footpath 5 to the old Railway cutting, Ashington Cutting & Middle Block Corfe Hills Public Open Spaces.
1.2The Council has the power to create public rights of way.
1.3The Council is a ‘s28G’ Authority in the Countryside and Rights of Way Act 2000 with duties to protect and enhance Sites of Special Scientific Interest (SSSI).
- Recommendation
It is recommended that:
2.1The new proposal for this link included with the improvements proposed at Broadstone Golf Club be endorsed as the preferred scheme, with the original scheme for the link along the track bed being abandoned.
2.2Officers identify further funding opportunities for the construction of the route and pedestrian subway structure by means of land fill tax obligation, the Borough’s Transportation capital programme or planning obligations.
3.Background
3.1Appendix A shows the existing route of footpath 5 and the public open space and the extent of the SSSI
3.2As part of an old agreement, still in place with the Golf Course Committee, English Nature (EN) gave permission in 1996 for a path along the track bed. This route was objected to as it involved a footbridge against disability rights and extinguishment of the end of footpath 5. The permission from EN has now expired.
3.3However, English Nature have indicated that they would probably agree to an alternative route across more open ground, linked to a commitment by the Borough and the Broadstone Golf Club to allow the establishment of an extensive conservation grazing scheme across this area.
3.4A Special area committee in December 2003 and TAG in October 2004 approved a scheme to use path creation powers if necessary (s26 of the Highways Act 1980) to create a path along the track bed linking the end of footpath 5 to Ashington Cutting.
3.5This was subsequently endorsed by TAG as an approved scheme for consideration in a future years’ Capital Programme ( although no funding was allocated at the time ), recommending a solution by negotiation (path creation by agreement s25 of the Highways Act) be pursued if possible in the first instance. Capital funding would be required for works, likely compensation, and legal costs for compulsory creation.
3.6The Golf Course was strongly against this original proposal of the track bed route. In addition English Nature have considerable concerns in that the heath would be at greater risk from arson due to seclusion and also with regards to the habitat alongside the old track bed which has improved since it last gave consent.
3.7Officers have met with the Golf Course Manager, their representative and an English Nature Officer several times over the last 2 years with a view to securing this footpath link by negotiation and agreement if possible.
3.7.1Local groups Broadstone Residents Association and Friends of Ashington Cutting supported the principle of a link, irrespective of the even if it was not along the track bed.
3.7.2Following a meeting with local representatives about a pedestrian underpass proposal associated with the larger Golf Club scheme, letters of support were received from Broadstone Resident’s Association, Poole Agenda 21 and Friends of Ashington Cutting.
4.Current Situation
4.1The Golf Course submitted a planning application for a proposal to extend a number of tees, bringing the overall length of the course up to championship standard, following negotiations with English Nature and Council Officers in August 2005.
4.2This scheme builds out into the cutting which would effectively prevent any future opportunity to make the link on the track bed. As a means of demonstrating their commitment to the aspirations of the local community, the scheme included achieving the llink by means of a path off of FP5 through the trees and via a new underpass construction through to Ashington Cutting.
4.3Appendix B shows the revised plans for the subway structure and footpath link
4.4This planning application was considered by committee and was approved 26th January 2006.
4.5The Planning consent includes the s106 obligations : -
a)Dedicate the new footpath prior to the commencement of any development of the land
b)Layout the footpath to the standard required for it to be a footpath to include the provision of a disabled refuge, and to dedicate it as a footpath by means of a path creation order for the use of the public before the work starts on Tee 17
c)Prior to any works in connection with the construction of the underpass enter into a section 38/278 Highways agreement.
d)Release the Council from the obligations under the agreement dated 2.9.96
e)To provide an area of land for grazing rights.
4.6The council’s obligations are to: -
a)advertise the dedication of the new footpath upon completion and a BOP survey confirming that an acceptable standard has been achieved
b)provide the necessary links to utilise the new footpath on BOP land
c)use its best endeavours to allow for grazing rights across the area as shown.
4.7A site meeting to look into footpath link to the proposed subway and on to Ashington cutting from footpath 5 with the Golf Course and Officers from Leisure and Transportation resulted in two options: -
a)making use of a dog walkers path and along the embankment
–Pro’s: the path would be inexpensive; is already established and can be walked now; It is away from ground nesting bird sites that are sensitive to disturbance
–Con’s: the route is steep, the section up or down the embankment edge is impassable for mobility impaired and would be subject to erosion (steps requirement)
b)Diagonal path across the heath from the underpass
–Pro’s: gentler slope, may make use of an abandoned tee to provide a disability refuge.
–Con’s: would need to be mown in winter before we can decide that the surface is suitable, subject to cross slope, danger from golf balls, would require fencing, surface works and earth works to link down to the subway.
- Financial Consideration
5.1In pursuing this development the Golf Course are looking for Council support in the form of: -
1.For the Council to apply for Landfill Levy funding of £20-25,000
Can be undertaken at no risk to the authority.
2.Additional funding of the order of £20,000 – from the Council’s Capital Programme, Planning Obligations or other means.
Capital Programme funding is allocated through TAG on the basis of a scheme meeting its strategic aims and objectives. While on the face of it this scheme does not necessarily meet these, it does nevertheless represent a long standing aspiration of over 20 years, has strong support locally and provides a good example of joint funding for a scheme. Inclusion of this scheme would be considered as part of the formulation by TAG of the 2006/07 Capital Programme, most likely in March. If this is not successful then planning contributions or other means of funding can be sought.
3. Costs of instatement of a linking path across Public Open Space (mowing, surface works, steps, fencing, signage)
It is anticipated these can be met from existing budgets.
JIM BRIGHT
Head of Transportation Services
Appendix ARoute of FP5 and the Public Open Spaces
Appendix BGolf Course plan for the subway structure
Background 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
-Transportation Advisory Group 14 October 2004
-Broadstone, Merley and Bearwood Area Committee 19 May 2004
Name and Telephone Number of Officer Contact Bev Lagden (01202) 262060
APPENDIX B TO THIS REPORT IS NOT AVAILABLE – PLEASE CONTACT LEGAL AND DEMOCRATIC SERVICES SHOULD A COPY BE REQUIRED
APPENDIX A
Map showing Footpath 5 and Ashington Public Open Space
APPENDIX B