Agenda item

To consider a report on the proposed policy for structures for Public Rights of Way.

The Council had the discretionary power to authorise the erection of structures (stiles and gates) on public rights of way where it was satisfied that these were necessary to prevent the ingress or egress of animals on land which was used, or was being brought into use, for agriculture or forestry or for the breeding or keeping of horses. 

In February 2009 the Department of Environment, Food and Rural Affairs had issued draft guidance relating to structures on public rights of way.

As a result of the guidance and in anticipation of the final guidance, the informal policies on structures currently operating in the Rights of Way Team had been reviewed.  It was hoped that the adoption of a formal policy in relation to structures on public rights of way would lead to greater consistency and reduce the possibility of legal challenge e.g. under the Disability Discrimination Act 1985 & 2005.  It was also hoped that the adoption of the Policy would lead to greater use of the network because of increased accessibility.

The policy would cover newly authorised structures and structures which were put in place following the making of a Public Footpath Order.  Wherever possible, structures would comply with the British Standard BS5709:2006 and were a new path was created; gates or gaps would be used rather than stiles as boundary structures.  Applications for the erection of structures by owners, lessee or occupiers of agricultural land would be given permission for the erection of gate rather than a stile and where an existing stile was to be replaced the Council would use its best endeavours to ensure that the stile was replaced with a gate or a gap.

A draft of the policy had been considered by the Cheshire Local Access Forum at its meeting on 18 December 2009.  The Forum had a range of views on the draft policy and a number of their suggestions had been incorporated into the Cheshire East Standard for Path Furniture on Public Rights of Way, namely the that galvanised steel structures should also be available powder coated in green or black and that on stiles the standard anti-slip treatment for the step boards, where required, should be a ‘spray and chip’ type treatment rather than chicken wire.

RESOLVED:

1          That the proposed policy relating to structures erected on Public Rights of Way be approved. The policy to include newly authorised structures and structures which are put in place following the making of a Pubic Path Order (usually Diversion Orders made under the Highways Act 1980 and Town & Country Planning Act 1990), and to comprise of four principles:

·        Wherever possible structures erected on Public Rights of Way will comply with the British Standard BS5709:2006. If this is not possible structures to comply with the Cheshire East Standard for Path Furniture

·        Where a new path is created following the making of a Public Path Order, gates or gaps will be used rather than stiles as boundary structures,  Gates or gaps to comply with either BS5709:2006 or the Cheshire East Standard for Path Furniture

·        Where an application is made under s147 Highways Act 1980 by an owner, lessee or occupier of agricultural land for the erection of a structure to prevent the ingress or egress of animals, permission will be given for the erection of a gate and not a stile.  The gate must comply with either BS5709:2006 or the Cheshire East Standard for Path Furniture

·        Where an owner, lessee or occupier which to replace an existing stile on their land, the Council will use its best endeavours to facilitate a less restrictive option by replacing the stile with a gate or gap.

2          That the Cheshire East Standard for Path Furniture for the specification of structures to be used by the Council on Public Rights of Way be approved.