Agenda item

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 had been made to discover the landowner for this section of the route; notices were erected on site for 28 days and both adjacent landowners were contacted but no landowner had been forthcoming.  It was therefore proposed to make a Creation Order for this section of the route using the provisions of section 26 of the Highways Act 1980. 

The Committee noted that no objections had been received from the informal consultation.  The need for a bridleway had been demonstrated by the application to upgrade the path.  Upgrading the footpaths to public bridleway would provide a safe and convenient route for horse riders and create a link and a circular route.  The proposal would give clarity to users and allow them to proceed with ease and certainty and avoid the need to trespass against the landowners.

RESOLVED: That

(1)       A Creation Agreement be entered into with the landowner under Section 25 of the Highways Act 1980 and under such terms as may be agreed by the Public Rights of Way Manager to create a new public bridleway, as illustrated on Plan No.HA/067 between points C to D, and that public notice be given of this agreement.

(2)       A Public Bridleway be created under Section 2 of the Local Government Act 2000 in a Deed of Dedication in the parish of Aston by Budworth, as illustrated between points B to C on Plan No.HA/067, and that public notice be given of this dedication.

(3)       An Order be made under Section 26 of the Highways Act 1980, as amended by Wildlife and Countryside Act 1981, to create a Public Bridleway in the parish of Pickmere, as illustrated between points A and B on Plan No.HA/067, on the grounds that there is a need for a public bridleway over the land to which this order relates, and that it is expedient that the way should be created.

(4)       Public Notice of the making of the Order be given and in the event of there being no objections within the period specified, the Order be confirmed in the exercise of the powers conferred on the Council by the said Acts.

(5)       In the event of objections to the Order being received, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.