Issue - meetings

To consider the proposal to create new public rights of way on Cheshire East Council owned public open space in the Parish of Holmes Chapel

The Committee received a report which detailed a proposal to create new public rights of way on Cheshire East Council owned open space in the parish of Holmes Chapel under Section 2 of the Local Government Act 2000.

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.

For a number of years Cheshire East Council, Holmes Chapel Parish Council and Cranage Parish Council had been working together on a project to improve access between the two parishes and within the public open space land known as Dane Meadow.  This project had been logged during consultation for the Council’s Rights of Way Improvement Plan.

The first phase of the project was currently being developed and included a bid to Natural England’s Paths for Communities Fund in order to improve the surfaces of, and access furniture on, the paths within the public open space.  One of the stipulations of the funding stream is that the improved paths were dedicated as public rights of way, thereby securing public access rights for perpetuity. 

It was planned that the proposed public bridleway would be surfaced in order to enable maintenance vehicles and disabled users to access the level part of Dane Meadow adjacent to the river. The proposed footpath on the east of the site would be improved to a bound gravel surface, whilst those on the west would remain as grass paths or woodland paths as at present.  The proposed routes of the public rights of way were shown on Plan No.LGA/003.

The landowner, Cheshire East Council, was in support of the proposed dedication.  At a meeting on 22 October 2012, the Cabinet Member for Prosperity and Economic Regeneration had given approval for the proposal, subject to the Council and Holmes Chapel Parish Council entering into an agreement for the maintenance of the improved surfaces of the paths.

Services within Cheshire East Council including Asset Management, Countryside Development, Parks Development and Streetscape had been consulted and were supportive of the proposal.  Holmes Chapel Parish Council, Cranage Parish Council and the local Ward Members had also been consulted. 

RESOLVED:

That, subject to the entering into of a maintenance agreement with Holmes Chapel Parish Council, rights of way over Council owned land be dedicated to the public under Section 2 of the Local Government Act 2000 in the Parish of Holmes Chapel, the indicative lines of which are shown on Plan No.LGA/003, and public notice be given of these public rights of way.