To receive an update on the Creation Agreement for a New Public Footpath in the Parish of Bollington.
Minutes:
A new path had been created by volunteers of the Kerridge Ridge and Ingersley Vale (KRIV) Countryside and Heritage Project up to the White Nancy viewpoint in the Parish of Bollington. At the September meeting of the Committee, Members had received a report recommending that the Council enter into creation agreements to create a new public footpath along the route. It had been brought to the attention of Members that a letter had been received from an adjacent landowner in which a number of issues were raised relating to the proposed new footpath. The Committee had resolved:
(1) that creation agreements be entered into under Section 25 of the Highways Act 1980 to create a new public footpath in the Parish of Bollington, as illustrated on Plan No. HA/008, and that public notice be given of these agreements; and,
(2) that a meeting take place between the Public Rights of Way Officer, KRIV Project Officer and the adjacent landowner to resolve the areas of concern and that an information report be brought back to the next Public Rights of Way Committee.
Members were updated in relation to resolution (2).
A site meeting had been arranged between the adjacent landowner, the KRIV Countryside and Heritage Project Manager and the Acting Countryside Access Development Officer. Prior to this meeting correspondence had been exchanged which outlined the legal process relating to a creation agreement. It was explained that the landowners on whose land the path ran were entitled to enter into a creation agreement with the Council without consultation of adjacent landowners. It was further explained that the use of the new footpath would be considered unlikely to affect the adjoining land.
In the light of this discussion, the adjacent landowner cancelled the arranged meeting as they felt that the outstanding issues related solely to the boundary wall, a matter which could be resolved directly by the KRIV Project Manager. The adjacent landowner therefore concluded that the matters raised in the original letter had been adequately addressed.
The two creation agreements had been signed by the landowners, sealed by the Council and duly advertised, resulting in the addition of the public footpath to the Definitive Map and Statement.
It was reported that one of the landowners, who was a signatory to a creation agreement, wished to inform the Committee that the minutes of the last meeting gave an unfairly negative impression of the KRIV project which detracted from the excellent work that the KRIV volunteers had carried out. The Committee agreed that the Chairman would write to the landowner in response to their comment.
RESOLVED:
(1) That the report be noted.
(2) A letter be sent to the landowner who was a signatory of the creation agreement on behalf of the Committee in response to their comment.