Content

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.