Issue - meetings

To consider a report on a proposal to enter into a creation agreement for the dedication of a bridleway over Public Footpath No. 6 (part) and to make a creation order in the parish of Eaton.

The Committee received a report which detailed a proposal to enter into a Creation Agreement and make a Creation Order for a bridleway over existing Public Footpath No. 6 Eaton.

Under Section 25 of the Highways Act 1980, the Council had the power to enter into an agreement with any person having the capacity to dedicate a public right of way.  The Highways Act required the authority to have regard to the needs of agriculture and forestry and to the desirability of conserving flora, fauna and geographical and physiographical feature.  Under Section 25 there was no statutory right for objection to the proposal.  Section 26 of the Highways Act 1980 gave the Council the power to create footpaths or bridleways by order, imposing the path on the landowner.

Cheshire County Council had previously reached an agreement with the landowner, Fairclough Homes, to create a bridleway over Public Footpath No. 6.  A formal agreement had been drawn up and signed and sealed by Fairclough Homes but was never signed and subsequently advertised by the County Council.  The path had been made up to a bridleway standard on the ground and has been used and accepted by horse riders for the past 5 years.

A short section of the public footpath fell outside the ownership of Fairclough Homes and a Land Registry search had revealed it to be unregistered.  This section was approximately 15 metres in length and linked the bridleway to Byway Open to all Traffic No. 8 (Havannah Lane).

It was therefore proposed that the Council entered into a new Agreement on the same basis as the previous one and that a Creation Order be made for the section of the path for which no landowner had been identified.

RESOLVED:

(1)       That a Creation Agreement be entered into under Section 25 of the Highways Act 1980 to create a new public bridleway over public footpath No. 6 in the Parish of Eaton (as shown A-B-C on plan C011A) and that public notice be given of this agreement.

(2)       That a Creation Order be made under Section 26 of the Highways Act 1980 to create a bridleway for an adjoining section of public footpath No.6 (Between point A and Boat 8 on plan C011A) on the grounds that there is a need and it is expedient that the path should be created.

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

(4)       In the event of objections to the Creation Order being received and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.