Agenda item

Claimed Rights of Way

Minutes:

Track from Forest Road to Warfield Park

Graham Pockett explained that the track mostly belonged to the Warfield Park Estate but there was a separate owner of the northern section.  It was an important route connecting the village of Hayley Green to local facilities, as well as being a link between Westmorland Park and Hayley Green Wood.  The landowner of the northern end had seen a huge increase in the number of people using the track and had started challenging people saying it was private land, claiming that they had no right to use it.  This had triggered over 40 submissions of new user evidence forms to the council.  The RoW team had also had a letter from the Warfield Park Estate solicitors outlining their view that it was private land.  The team needed to objectively analyse all the evidence presented and then make a recommendation to the Director of Place, Planning and Regeneration.  It was unlikely that the landowners would willingly designate it as a RoW; therefore, any decision made was likely to be appealed, in which case it would go to the Planning Inspectorate.

 

Perry Bridge Farm to Horseshoe Lake and Ambarrow Farm to Perry Bridge

These were found as part of the Ramblers Association review of lost paths (there was no current path on the ground for either of them).  The southern path was on land subject to a planning application which had gone to appeal.  The plan was to build houses on the southeast side of the path, including a new Suitable Alternative Natural Greenspace (SANG), which would incorporate the land where the former path was located.  If the planning application were approved and the SANG went ahead, the forum could influence getting access at that point.  The other path was not part of any current planning application.  In order to reinstate a historic path, a substantial amount of evidence would be required to claim it as a historic RoW.  It was suggested that the Forum could support but the Ramblers Association would need to provide all the evidence.  However, it was noted that the northern path had just been moved and so did still exist and therefore reinstating the former path would be redundant.  The forum agreed to support the application to reinstate the southern path, and Colin Bird would add it to the action list.  (Action: Colin Bird)

 

Beaufort Park

Nicholas Ballard had requested LCAF support for reinstatement of a former footpath within Beaufort Park or for a diverted path to go through the area.  Colin Bird highlighted that part of the old footpath would go through a cemetery which would not be a good place to put a PRoW.  Development on one part of the Beaufort Park Estate was in progress.  There were plans for further potential development of the estate and if the application were approved it may be appropriate for the forum to approach the developers. 

 

The forum discussed access across Nine Mile Ride from South Road to Buckler’s Forest SANG.  A new crossing had been established near the Golden Retriever which made a safe crossing but did not connect to the SANG due to being too close to the Special Protection Area (SPA).  This was frustrating for local people who could not access the open space.  The forum had been advised in the past that, when the development was further progressed, they may be opening up an entrance on the north side.  The intention was to join up Buckler’s Forest and Great Hollands recreation ground SANGs as well as the Beaufort Park development in the future.  Graham agreed to look into that.  (Action: Graham Pockett)

 

Lane between Warfield Road and the former Garth Hill College site

Rob Solomon had done some land registry research and a strip of land had been sold off to one of the houses to extend their garden meaning that it was no longer a continuous piece of land owned by the Council.  Therefore, unless the landowner voluntarily released the land (which they would be unlikely to do), it was unlikely that the lane could be reclaimed.  It was agreed to take it off the action plan.  (Action: Colin Bird)