Agenda and minutes

Countryside and Rights of Way Panel
Tuesday, 6th December, 2016 10.00 am

Venue: Ivanovo Room - County Buildings. View directions

Contact: Jonathan Lindop  Email: jonathan.lindop@staffordshire.gov.uk

Items
No. Item

12.

Apologies

13.

Declarations of Interests in accordance with Standing Order 16.2

Minutes:

There were no declarations of interest at the meeting.

14.

Minutes of meeting held on 24 June 2016 pdf icon PDF 132 KB

Minutes:

RESOLVED – That, subject to minute No. 10 (c) being amended by the substitution of “Staffordshire” for “Stafford Borough”, the minutes of the meeting held on 24 June 2016 be confirmed and signed by the Chairman. 

 

15.

Proposed Diversion of Public Footpath Nos. 26 (Part) and 29 (Part) Abbots Bromley Parish pdf icon PDF 209 KB

Report of the Deputy Chief Executive and Director of Families and Communities

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director of Families and Communities regarding the proposed diversion of Public Footpaths No. 26 (Part) and 29 (Part) Abbots Bromley Parish under Section 119 of the Highways Act 1980. The Order was being promoted by the owner of the land crossed by the paths owing to the Definitive routes being obstructed by farm sheds erected approximately 40 years ago.

 

Public Footpath No. 26 crossed over pasture and arable fields situated between Hurst Farm at Cross of Hand, Abbots Bromley and Gilleon’s Hall, Orange Lane, Abbots Bromley. Public Footpath No. 29 also crossed over pasture fields commencing at Orange Lane, northwest of Ashbrook Farm and terminating at Sunnyside Farm, Abbots Bromley where it intersected with Public Footpath No. 26.

 

The effect of the Order was to divert the routes of the paths to the south-west (Public Footpath No. 29) and south-east (Public Footpath No. 26) of Sunny Side Farm to greatly improve the safety of users and the privacy and security of the farm and resolve a long standard issue on both footpaths which were currently obstructed by farm buildings.


 

 

Members noted that the proposals had been the subject of informal consultation and advertisement on site and that no objections had been received. However, the Ramblers Association, Peak and Northern Footpath Society and Open Spaces Society had requested that gates be installed at new access points along the diverted routes together with appropriate waymarking, requests that the landowner had agreed to.

 

The Deputy Chief Executive and Director of Families and Communities highlighted that the costs of making and advertising the Order (approximately £2,500) were to be shared between the applicant and the County Council on a 50:50 basis.

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the Deputy Chief Executive and Director of Families and Communities be authorised to make an Order under Section 119 of the Highway Act 1980 to divert parts of Public Footpaths Nos. 26 and 29 Abbots Bromley Parish as shown on the plan attached to the report.

 

(c) That provisions be included within the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981 to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into force of the diversion of Public Footpaths Nos. 26 (Part) and 29 (Part) Abbots Bromley Parish as set out in (b) above.                          

 

16.

HS2 Rail Link

Verbal update by the Director for Economy Infrastructure and Skills

Minutes:

The Panel received an oral report from the County Council’s HS2 Project Manager updating them on the progress made in respect of HS2 – the Government’s proposed high speed rail link between London and the Midlands, as follows:-

 

·         The Petitioning stage to the House of Lords had been concluded. The County Council had submitted petitions in respect of (i) mitigation measures at the A38 Hilliard’s Cross junction in Lichfield and (ii) disruption to a designated safe walking route at Darnford Lane, Lichfield. In response assurances had been received regarding both matters. 

·         The Hybrid Bill which would provide the legal power to construct, operate and maintain Phase 1 of HS2 was expected to receive Royal Assent in January 2017;

·         Enabling works eg road diversions, site clearance were expected to commence in early 2017 and the necessary contractor had been appointed.

·         A ‘civils’ contractor was expected to be appointed in Spring 2017 with main works commencing in 2018.

·         The procedure for HS2 Ltd/the contractor to obtain consents on certain detailed planning matters was being developed by the County Council and Lichfield District Council.

·         The Government had recently announced that £70m was being made available to support local communities and road safety along the line of the route comprising (i) a HS2 Community and Environment Fund (CEF); (ii) a Business and Local Economy Fund and (iii) a Road Safety Fund. This was in addition to mitigating the effects of the railway.

·         There was an opportunity for the County Council to bid for funding from the CEF for Rights of Way work.

·         The County Council had recently submitted several consultation responses in respect of Phase 2a, copies of which had been included on the Authority’s website.

 

During the full and wide ranging discussion which ensued the Panel sought clarification of the funding arrangements for the various Rights of Way Orders which were required in the County to give effect to the route. In reply the Deputy Chief Executive said that her understanding was that these costs would be met by HS2 under a Service Level Agreement with the County Council. However, she would clarify the matter with HS2 and inform Members in the event of a change.

 

RESOLVED – That the oral report be noted.  

 

17.

Proposed Diversion of Public Footpath No. 80 Abbots Bromley Parish pdf icon PDF 209 KB

Report of the Deputy Chief Executive and Director for Families and Communities  

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director of Families and Communities regarding the proposed diversion of part of Public Footpath No. 80 Abbots Bromley Parish under Section 119 of the Highways Act 1980. The Order was being promoted by the County Council to regularise an anomalous situation which had arisen in the late 1970s when the Staffordshire Way had been established. The line of the Way differed from that of Public Footpath No. 80 and whilst it was well used, that of Footpath No. 80 was obstructed by a well-established hedgerow at its junction with Goose Lane.

 

Public Footpath No. 80 Abbots Bromley Parish commenced from its most northerly point at Manor Road and headed in a generally south-easterly direction along a track known as Hall Hill Lane before traversing over grazing land where it existed onto Goose Lane. The effect of the Order was to divert Public Footpath No. 80 along the existing alignment of the Staffordshire Way to provide a safer option for users and to regularise the position outlined above.

 

Members noted that the proposals had been the subject to informal consultation and advertisement on site and that no objections had been received including from the landowner. In addition, the Ramblers Association, Peak and Northern Footpath Society and Parish Council were supportive of the proposals.

 

The Deputy Chief Executive and Director of Families and Communities highlighted that the cost of making and advertising the Order (approximately £2,500) were to be met by the County Council.

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the Deputy Chief Executive and Director of Families and Communities be authorised to make an Order under Section 119 of the Highway Act 1980 to divert part of Public Footpath No. 80 Abbots Bromley Parish as shown on the plan attached to the report.

 

(c) That provisions be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981 to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion of Public Footpath No. 80 Abbots Bromley Parish as set out in (b) above.                   

 

18.

Proposed Diversion of Public Footpath No. 13 (Part) Ellastone Parish and Proposed Extinguishment of Public Footpath No. 31 (Part) Ellastone Parish pdf icon PDF 207 KB

Report of the Deputy Chief Executive and Director of Families and Communities

 

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director for Families and Communities regarding the proposed diversion of Public Footpath No. 13 (Part) Ellastone Parish and extinguishment of Public Footpath No. 31 (Part) Ellastone Parish. The Orders were being promoted by the landowners (three) and County Council because the route of Public Footpath No. 13 Ellastone Parish became obstructed following developments at two properties ie Cabin Knoll and Grove Cottage a number of years ago. Consequently walkers had used a farm track running slightly to the north.

 

Public Footpath No. 13 was an attractive off road route in the Dove Valley linking Calwich Park with the path network to the north. Public Footpath No. 31 Ellastone Parish provided a short link between Footpath No. 13 and other paths which headed north towards the B5032. The effect of the Order was to divert part of Footpath No. 13 onto the farm track which provided excellent views of the Dove Valley into Derbyshire. The proposed route was also a gentler gradient compared to the existing line of the path. As part of these proposals a short piece of Footpath No.31 Ellastone also needed to be extinguished so that it terminated at Footpath No. 13 on the track and did not become a cul-de-sac route.

 

Whilst the current landowners were not wholly responsible for the obstructions they had agreed to share the costs of making and advertising the Orders with the Highway Authority. In addition they had agreed that a kissing gate could be installed on the proposed new route in order to maintain stock control and provide easier access for walkers.

 

Members noted that the proposals had been subject to informal consultation on site and that no objections had been received.

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the Deputy Chief Executive and Director of Families and Communities be authorised to make Orders under Section 118 of the Highway Act 1980 to extinguish a small section of Public Footpath No. 31 Ellastone Parish and Section 119 of the Highways Act 1980 to divert a section of Public Footpath No. 13 Ellastone Parish as shown on the plan attached to the report.


 

(c) That provisions be included in the Orders such that it is also made under Section 53A of the Wildlife and Countryside Act 1981 to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion of part of Public Footpath No. 13 Ellastone Parish and extinguishment of part of Public Footpath No. 31Ellastone Parish as set out in (b) above.      

 

19.

Proposed Diversion of Public Footpath No. 40 Fradley and Streethay Parish and Proposed Creation of Public Footpath in Fradley and Streethay Parish pdf icon PDF 205 KB

Report of the Deputy Chief Executive and Director of Families and Communities

 

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director of Families and Communities regarding the proposed diversion of Public Footpath No. 40 Fradley and Streethay Parish made under Section 257 of the Town and Country Planning Act 1990 together with the proposed creation of a short length of Public Footpath in Fradley and Streethay Parish made under Section 25 of the Highways Act 1980. The Order was being promoted by the owner of the land crossed by the existing route (Tarmac Trading Limited) following the grant of Planning consent which enabled them to continue mineral extraction at Alrewas Quarry. The Creation Agreement for the new length of path was to be between the Highway Authority and Tarmac Trading Limited, as the relevant land owner.

 

Public Footpath No. 40 Fradley and Streethay Parish provided a link between the A513 and Ridget Lane, Alrewas. Whilst the existing route crossed an arable field it could not be used once mineral workings had begun at Alrewas Quarry. The effect of the Order was to divert the path around the northern and eastern boundaries of the quarry and to re-connect with Ridget lane via a newly created length of path. As part of the proposals, Tarmac Trading Limited had agreed to provide a path width of no less than 1.5 metres, a firm and free-draining surface and to maintain it free from vegetation. 

 

Members noted that the proposals had been the subject to informal consultation and advertisement on site and that no objections had been received. In addition, the Creation Agreement could not be implemented until October 2017 ie when the extraction work in this area of the quarry had ceased. Therefore, it was proposed the Diversion Order be not confirmed and the Creation Agreement not finalised until both routes were available on the ground.

 

The cost of both making and advertising the Diversion Order and Creation Agreement were to be met by the applicant.

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the Deputy Chief Executive and Director for Families and Communities be authorised to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert Public Footpath No. 40 Fradley and Streethay Parish, as shown on the plan attached to the report.

 

(c) That the Deputy Chief Executive and Director for Families and Communities be authorised to enter into a Creation Agreement on behalf of the Highway Authority under Section 25 of the Highways Act 1980 to create a short section of Public Footpath as shown on the plan attached to the report.

(d) That provisions be included in the Order such that they are also made under Section 53a of the Wildlife and Countryside Act 1981 to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion of Public Footpath No. 40 Fradley and Streethay Parish as set out in (b) and (c) above.                             

 

20.

Proposed Diversion of Public Footpath Nos. 7 (Part), 8 and 9 (Part) Swindon Parish pdf icon PDF 277 KB

Report of the Deputy Chief Executive and Director of Families and Communities

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director of Families and Communities regarding the proposed diversion of Public Footpaths Nos. 7 (Part), 8 and 9 (Part) Swindon Parish under Section 119 of the Highway Act 1980. The Order was being promoted by the owner of the land crossed by the paths (FG Davis and Sons Limited) following the restoration of the former Enville Road Quarry.

 

During discussions between the landowner and Highway Authority it had become apparent that the footpaths could not be re-instated on their original definitive lines. Therefore, the effect of the Order as proposed was to divert the paths onto the desire lines, currently in use by the Public. Public Footpath No. 7 was to be diverted to connect with Public Footpath No. 9 and would provide users with excellent views across South Staffordshire and Dudley.  The applicant had already undertaken some improvement works to the rights of way network in the vicinity and had agreed to carry out further re-surfacing works to Public Footpath No. 9 to the satisfaction of the Highways Authority, prior to the proposed Order being confirmed.

 

Members noted that the proposals had been the subject of informal consultation and advertisement on site and that no objections had been received. The Ramblers’ had expressed their positive views on the proposal which they said would provide path users with a much more satisfactory solution than had existed for some considerable time.

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the Deputy Chief Executive and Director for Families and Communities be authorised to make an Order under Section 119 of the Highways Act 1980 to divert parts of Public Footpaths Nos. 7, 8 and 9 Swindon Parish as shown on the plan attached to the report.

 

(c) That provisions be included in the Order such that they are also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion of part of Public Footpaths Nos. 7, 8 and 9 Swindon Parish as set out in (b) above.