Content

This ODR relates to obtaining
permission to process an order to create sections of public
footpath at Black How in the parish of Cleator Moor as shown on the order plan
attached.
 
Recommendation to
the Executive Director
 
That the Assistant Director
authorises the Chief Legal Officer to make an order under Section
26 of the Highways Act 1980 to extend public footpath no 403020 in
the parish of Cleator Moor as shown
A-B-C-D-E-F-G and extend public footpath no 403011 in the parish of
Cleator Moor as shown F-H-I on the
attached order plan and in the event no objections are made to the
order, that the Chief Legal Officer be authorised to confirm the
order.
 

Reasons for the decision

There are two main landowners for this
section, but only one has their holding registered at the Land
Registry.  The other landowner claims to
have owned the land since before the second world war but has never
registered it.  Whilst he is in full
agreement with the National Trail creation and establishment works,
it is thought he could have difficulty in proving
ownership.  
 
There is another a short section of
approx 20 metres alongside the river
Ehen (point G on the plan attached) which is owned by a third party
and is unregistered. 
 
Notices have been posted at each end of the
path requesting that anyone owning land along the Lonning that will make up the new path come
forward.  No one has, to date, come
forward. 
 
In light of the
above, it would not be possible to create the path by dedication
agreement under Section 25 of the Highways Act 1980 (“the
Act”).
 
Creation by Order under Section 26 of the Act
is considered the best recourse in this instance.  
 

Alternative options considered

An informal consultation was
carried out as follows and no adverse comments were
received.
 
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 since
contacted both known landowners to discuss the proposal and
identified establishment works.  The
landowner whose land is registered land had no [verbal] objection,
and the owner of the unregistered land verbally agreed at
subsequent site meetings.
 
Both landowners were sent
follow up letters and plans giving full details of the proposal and
works with the request that any concerns, questions or objections were raised with 21
days.  No responses were
received. 
 
If the order is made any
objector will have an opportunity, before the order is confirmed,
to submit an objection. The matter will then be referred to the
Secretary of State for a decision as to whether
or not the orders should be confirmed in circumstances where
the objection is not withdrawn. 
 
Risks
 
The statutory undertakers have
been consulted and none are affected.
 
Ramblers –– no
response received.
 
Cumbria and Lakes Joint Local
Access Forum (C&LJLAF) – In a formal letter of response
dated 2 October 2023 state “As this is a proposal to create a
public right of way at the start of the Coast
to Coast National Trail, the C&LJLAF fully supports
it.  The creation of the PROW will
protect the future use of the route thereby adding to public
enjoyment and link previously separated paths.  The local path network will be improved and in the
case of Black How Lonning the substantial improvements proposed are
welcomed”.
 
Byways and Bridleways
Association – no response received.
British Horse Society –
no response received.
Open Spaces Society – no
response received.
Cyclists' Touring Club –
no response received.
British Driving Society –
no response received.
Auto Cycle Union – no
response received.
Cleator Moor Town Council –
no response received.
 
The local member for
Cleator Moor West, Michael Eldon has
been consulted and no response received.