Issue - meetings

Local Government Act 2000 Section 2: Deed of Dedication - The Carrs, Wilmslow

Meeting: 09/12/2013 - Public Rights of Way Committee (Item 31)

31 Local Government Act 2000 Section 2: Deed of Dedication - The Carrs, Wilmslow pdf icon PDF 3 MB

To consider the proposal to create a public bridleway on Cheshire East Council owned public open space in the parish of Wilmslow

Additional documents:

Minutes:

The Committee received a report which detailed a proposal to create a new public bridleway under Section 2 of the Local Government Act 2000 in a deed of dedication.

 

For a number of years Cheshire East Borough Council and local user groups had been working to improve access within the public open space known as The Carrs.  The creation of a multi-user route through the park had been registered by the local user groups during consultation for the Council’s Rights of Way Improvement Plan.

 

The current path was unsurfaced, uneven and suffered from flooding due to high water table levels.  In addition, bank erosion by the River Bollin was likely to result in sections of the current path being unavailable in future.  The proposed multi-user route would be located away from such areas to protect the investment being made.  The proposed path would create a year-round and accessible path for people visiting the park.  It was planned that the path would be surfaced with a bitumen and chip surface. 

 

The route would offer an off-road link for pedestrians and cyclists from Wilmslow Town Centre and railway station towards places of interest, such as the National Trust property at Styal, and places of employment such as Stamford Lodge and Manchester Airport.

 

The proposal had been submitted in a bid to Natural England’s Paths for Communities Fund in order to create a year-round multi-user surface through the public open space.  One of the stipulations of the Paths for Communities funding stream was that the path created was dedicated as a public right of way, thereby securing public access for perpetuity. Funding had also been secured for the project through a Section 106 planning contribution.

 

The classification of public bridleway meant that the public right of way would be available to pedestrians, horseriders and cyclists.  There was some concern that the use of the route by horse riders would create potential conflict with other users and damage the surface of the route.  The proposed route was a cul-de-sac route connecting with existing public footpaths within the park.  Cyclists would be allowed to use these connecting footpaths on a permissive basis by the Council as the landowner.  However, horseriders would not be permitted to use them. Whilst no physical barrier was proposed to restrict onward access for horseriders, it was anticipated that the attractiveness of the proposed bridleways to this category of user would be minimal.  Should the issue arise in the future, the Council could investigate the use of a traffic regulation order to restrict the access of horseriders along the route.

 

The Committee unanimously

 

RESOLVED:

 

That a public bridleway over Cheshire East Borough Council owned land be dedicated to the public under Section 2 of the Local Government Act 2000 in the parish of Wilmslow, as shown on Plan No.LGA/006a, and that public notice be given of this public bridleway.