Decision

This ODR relates to obtaining permission to enter into an Agreement with the landowner to create a section of public footpath at Demesne in the parish of Whitehaven as shown on the plan attached.

Recommendation to the Executive Director

It is recommended that the Assistant Director authorises the Chief Legal Officer to enter into an Agreement under Section 25 of the Highways Act 1980 to create public footpath no 431072 in the parish of Whitehaven as shown A-B-C-D on the attached plan.

Reasons for the decision

It was suggested that by using the existing footpath network the Coast-to-Coast path would still be usable albeit with a short section of road walking along St Bees Road.  This proposal was explored with the Council’s Highways Dept, and it was agreed as being too dangerous to walk in the carriageway, and an on-verge footway would be difficult and costly to achieve. 

There is one main landowner for this section, who fully supports the National Trail creation and establishment works on the agreed alignment and are willing to dedicate land as a public footpath.  An Agreement under Section 25 of the Highways Act 1980 (the Act) was therefore considered the best option.

Creation by Order under Section 26 of the Act would have been considered had the landowner not been happy to enter into an Agreement.

Alternative options considered

Whilst preparing the report for submission to the Secretary of State, Natural England officers contacted the identified landowners by letter informing them of the proposal and seeking comment.  Cumberland Council have been advised that no responses were received at this stage.

Council officers have had several meetings and ongoing communication with the affected landowner to discuss the various options and possible establishment works to arrive at this final proposal.  Both landowner and council officers agree this to the best compromise which will not detract from the quality and nature of the Coast-to-Coast route.  Natural England officers are in agreement and will undertake a variation report to modify the official route in due course.

Upon completion of the Agreement, Notice will be advertised in the Whitehaven News.  There is no opportunity for objection.

Risks

As no other local authority is affected by this proposal there is no statutory requirement to consult.  No statutory undertakers are affected.