The Proposed Extinguishment of Part of Toddington Footpath No. 58 and the Concurrent Creation of a Replacement Section of Toddington Bridleway No. 58
- Meeting of DEVELOPMENT MANAGEMENT COMMITTEE, Wednesday, 20 June 2018 10.00 a.m. (Item 37.)
- View the background to item 37.
To determine whether parts of Toddington Footpath No. 58 should be stopped up and replaced with a bridleway to resolve issues relating to the fact that the current footpath is obstructed where it passes through several rear gardens and connects to a bridleway which is a legal dead-end (copy to follow).
The Committee had before it a report regarding The Proposed Extinguishment of Part of Toddington Footpath No. 58 and the Concurrent Creation of a Replacement Section of Toddington Bridleway No. 58.
In advance of consideration of the application the Committee’s attention was drawn to additional consultation/publicity responses and additional comments as set out in the Late Sheet.
During the Definitive Map Officer’s presentation, a report from the Highways Tree Officer concerning the condition of an apple tree that would be removed as part of the works was read as additional information. It stated that the Tree Officer had no objection to the removal of the tree and although it had normal vigour for a tree of its age, it was definitely considered as structurally unsound due to historical wounds to its stems. It was recommended it would be appropriate to replace the tree with one or two of the same or similar varieties.
In advance of consideration of the application the Committee received representation from a resident under the public participation scheme.
The ward Member acknowledged the points raised by the public speaker and stated he was also in support of the application and went on to raise the following points.
· He noted it was understandable why the farm owner was unhappy about losing a corner of his land to walkers so something has to be done.
· He was entirely supportive of a cycle route through to the recreation ground but of critical importance would be the creation of pram and disabled vehicle access.
· He noted that there may be future issues with motorcycle and traveller access on to the field through the route but that the Committee should not be held hostage by that and that the bridleway would be of significant benefit the village.
· With regards to the loss of the apple tree, it was stated that over time replacement would have been the right thing to do due to the damage on the existing tree.
A Member asked for clarification on comments in the Late Sheet relating to a resident being unaware of the footpath when the property was purchased from the Council in 2014. The following points were discussed:
· The Officer responded that the resident purchased her property of which she had been a tenant for a number of years, through the Right to Buy scheme, she had detailed plans from the Council that did not show the footpath through the garden but she did not undertake any property searches of her own, therefore the footpath was not highlighted. The Officer added that in 2014, it was not compulsory to search for Rights of Way on a piece of land and that in 2018, it is now a compulsory question.
· The Member commented further that it was a contradictory position for the Council to be in given that the Council was responsible for Rights of Way. The Officer responded to a question by the Chairman that all affected residents were written to by the Council about the footpath Right of Way in 2015 and advised accordingly.
· The ward Member addressed the rising cost implications of searches now having to be undertaken at a higher cost through solicitors as opposed to low cost surveys historically undertaken by the Council.
On being put to the vote 11 Members voted for approval and 1 abstained.
1. That the making of a Council-generated public path order under Section 118 of the Highways Act 1980 (“the Act”) to stop up part of Toddington Footpath No. 58 between points A-B-C-D as shown on attached plan, because it is expedient to do so on the grounds that it is not needed for public use and is unlikely to be used due to the proposed creation of an alternative bridleway be approved.
2. That the making of a concurrent Council-generated public path order under Section 26 of the Highways Act 1980 to create a new part of Toddington Bridleway No. 58 between points A-E-B-F-G as shown on attached plan, because it is expedient to create a bridleway as it is needed and would improve the convenience of local residents be approved.
- 12 The Proposed Extinguishment of Part of Toddington Footpath No. 58 etc. Final, item 37. PDF 159 KB
- 12 Appendix A - The Proposed Extinguishment of Part of Toddington Footpath No. 58 etc. Final - Proposal Plan, item 37. PDF 209 KB
- 12 Appendix B - The Proposed Extinguishment of Part of Toddington Footpath No. 58 etc. Final - Badger Survey, item 37. PDF 377 KB
- 12 Appendix C - The Proposed Extinguishment of Part of Toddington Footpath No. 58 etc. Final - Photographs, item 37. PDF 642 KB
- 12 Appendix A - The Proposed Extinguishment of Part of Toddington Footpath No. 58 etc. Final - Map, item 37. PDF 209 KB