Issue - meetings

To consider the proposal to enter into a creation agreement to create new bridleways in the parishes of Aston by Budworth and Pickmere

The Committee considered a report which detailed a proposal to upgrade Public Footpath No.10 Pickmere and Public Footpath No.9 Aston by Budworth to Public Bridleway by a Creation Agreement, Deed of Dedication and a Creation Order.

Under Section 2 of the Local Government Act 2000, a local authority had the power to do anything to improve the economic, social or environmental wellbeing for their area.  In accordance with this power, the Council may enter into a Deed of Dedication to create a public right of way.

Under section 25 of the Highways Act 1980 a local authority may enter into an agreement with any person having the capacity to dedicate a public footpath or bridleway. 

Under section 26(1) of the Highways Act 1980 where it appeared to a local authority that there was a need for a footpath or bridleway over land in their area and they are satisfied, having regard to:

·        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, and

·        the effect which the creation of the path or way would have on the rights of persons interested in the land, account being taken of the provisions as to compensation

If it was expedient that the path or way should be created, the authority may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed by them as an unopposed order, create a footpath or bridleway over the land.

An application had been received in September 2008 to upgrade Public Footpaths No.10 Pickmere and No.9 Aston by Budworth to Public Bridleway.  The claim was based on long usage of the footpaths by horse riders.  The application was currently number 13 on the Definitive Map Modification Order applications waiting list and it would be a number of years before the application was allocated to an officer to investigate.  In view of this it was proposed to proceed with a Creation Agreement, a Deed of Dedication and a Creation Order. 

The opportunity to create a Public Bridleway had arisen due to a recent change in the ownership of Walthall Farm.  Public Footpath No.9 Aston by Budworth ran over the land of this farm.  Walthall Farm had previously been a County Farm, which was sold in November 2010.  A condition was placed in the sale particulars that the buyer must enter into a Creation Agreement under section 25 of the Highways Act 1980 to dedicate the section of Public Footpath No.9 Aston by Budworth which ran on their land as a bridleway.

The remainder of Public Footpath No.9 Aston by Budworth ran on Council owned land and this could be dedicated as a public bridleway in a Deed of Dedication under section 2 of the Local Government Act 2000.

However, the land over which the southern section of the proposed route – Public Footpath No.10 Pickmere ran was unregistered.  Attempts  ...  view the full minutes text for item 18