Issue - meetings

To consider a report on the proposal to enter into a creation agreement for the dedication of a public bridleway in the parishes of Wistaston and Nantwich.

The Committee received a report which detailed a proposal for the Council to enter into creation agreements with the landowner(s) who had agreed to dedicate part of the Connect2 Crewe to Nantwich Greenway off road cycle route as a public bridleway so that pedestrians, cyclists and horse riders could use the route.

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 public rights of way.  The Highways Act 1980 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 features.  Under Section 25 there was no statutory right for objection to the proposal.

The proposed route ran from off the A51 roundabout (known as the Sainsbury’s roundabout) in Nantwich in a north-easterly direction for a distance of approximately 2.5km to its junction with A530 Middlewich Road by Wistaston Green Road (known as the Rising Sun junction). The landowner had agreed to dedicate the proposed route as a public bridleway as part of the Connect2 Crewe to Nantwich Greenway project.

The route would be established to Sustrans’ Connect2 Greenway Design Guide standards for multi-users routes: this included a tarmac surface of 2.5 – 3 metres width for cyclists and pedestrians and a verge for equestrian use of 2.5 metre.  Parts of the route ran along existing tracks which would be upgraded to this standard. 

Three residential properties lay adjacent to the proposed route.  Each had been contacted with responses from two having been received to date.  The property owners were concerned about the proposals and wished to object given the proximity of the route to their properties and felt that the proposals would reduce the seclusion and privacy of their homes and devalue the properties.  The owners had suggested alternative options for the project including possible route amendments.  These were being discussed with the landowner, their agents and their tenant with the aim of reaching a conclusion which was reasonably satisfactory to all parties.

RESOLVED:

(1)       That creation agreement(s) under Section 25 of the Highways Act 1980 be entered into with the appropriate person(s) with capacity to dedicate to create a new public bridleway in the Parishes of Nantwich and Wistaston, as illustrated on Plan No. 13.10.10, and the public notice be given of these agreement(s).

(2)       The Public Rights of Way Manager be authorised to negotiate the final route of the new bridleway to be included in the creation agreement(s) as the route shown on Plan No. 13.10.10 is illustration only.

(Note:  Councillors R Walker and S Davies withdrew from the meeting prior to discussion and voting on this item.)