Agenda item

The Committee considered a report of the Corporate Director of Regeneration and Local Services regarding an application to divert Public Bridleway No. 12 Shadforth, create Public Footpath No. 20 Haswell, and extinguish Public Footpaths Nos. 13a, 13b and part of 14 Shadforth (for copy see file of Minutes).

The Access and Rights of Way Team Leader explained that the Committee had undertaken a site visit prior to the meeting. A plan had also been circulated that had accompanied the submission by the applicant but was not included in the meeting papers.

The Committee were informed of the background to the application submitted by representatives of the owners of Hill House Farm. The application was to divert Public Bridleway No. 12 away from the vicinity of the farm buildings and intensively used areas, to extinguish some of the duplicate public footpaths, and to provide a new public footpath no.20 Haswell parish to provide a connection for pedestrians into the public footpath network around Ludworth and Haswell. The diversion had been sought in the interests of the landowner who wished to improve biosecurity and public safety at their expanding agricultural business. The legal framework was also outlined to the Committee.

The Committee then listened to representations made by a representative of the British Horse Society (BHS). The representative explained that their organisation would oppose diversions where routes exited onto roads. In this case, the diversion of Bridleway No. 12 would further reduce the overall length of off-road riding routes in the area and decrease the network. There were very few off-road routes in the area and it was considered that local roads in this area were hazardous for equestrians.

The BHS felt that there were alternative options for diverting the bridleway or creating new bridleways and were of the view that the proposed creation of Footpath No. 20 could be a bridleway creation which would ensure the safety of riders away from traffic and improve the network of routes in the area for a more 'joined-up' network.

The BHS also felt that the agricultural need for the proposals had not been clearly made. They were also disappointed that the council had committed resources to conduct a survey some time ago where comments were sought regarding access for horse riders and it appeared as though nothing had ever been progressed.

The representative explained that she had ridden through cattle regularly and considered that this could be done safely, disputing that the area needed to be fenced off. Reference had also been made to resurfacing works taking place to upgrade the surface to a ‘better condition’, however, it was queried whether the condition would be better for horse riders.

The BHS wished to use roads less because of the dangers involved. It was felt that motorists simply did not slow down, even when vehicles were flagged to do so.

The Committee then listened to representations from the applicant. They explained that the reasoning behind the application had been explained fully in the report but wished to emphasise that Hill House Farm consisted of mixed cattle and livestock and was a hub for cattle and pig operations. The farming operation taking place meant that regular cattle movements took place with an average stock of 12,500-13,500. The applicant explained that the bridleway in question did pose a significant risk for the public and horse riders and they considered that public could not be at risk from becoming entangled within livestock movements.

The section of the bridleway from the B1283 to Hill House Farm was regularly used for livestock movements from the south. This track was not suited for a range of users due to very poor visibility both onto the B1283 and along the track itself due to its steep sides, sharp corners and distinct surface issues.

The upgrading of footpath 14 to a bridleway to meet the existing bridleway which follows round the east of the quarry would overcome the above mentioned safety concerns. This would be fenced to 4m wide but would be surfaced with stone and details of surfacing to be confirmed with DCC specification, therefore it would be suitable for all users. The diverted route and new works would hopefully see more increased usage in the area and would be safer for the public.

In terms of the security the applicant explained that the close proximity of the current right of way caused significant concern about farm security. In 2014 vehicle tools were stolen. CCTV footage of the incident clearly showed that the right of way had been used to access the property. More recently a set of gates had been stolen. Ultimately, the change to the right of way would be key in making the farm holding more secure.

Councillor O Milburn thanked the officers for organising a site visit prior to the meeting. This had provided a good opportunity to observe key areas of the site.

Councillor S Dunn appreciated why the applicant wished for Bridleway No. 12 to be routed further away from the farm, for security reasons and was surprised by how close it was located to farming operations. Councillor Dunn accepted that use for horse riders would slightly decrease. However, a strategic route would be resurfaced and would provide for a safe passage to all interconnecting routes.

Councillor Dunn moved the recommendation detailed in the report. In moving the recommendation, Councillor Dunn commented that it was regrettable that the proposal could not be agreed by the British Horse Society, on this occasion.

In seconding the proposal, Councillor S Hugill acknowledged the case put forward by the landowner in terms of the overall farming operation and could fully appreciate why the applicant wanted to secure their property. He added that there would be clear and significant danger to the public who may accidentally become entangled within livestock movements and agreed with the applicant that the only realistic way of overcoming this would be to agree to the proposals contained in the report.

Resolved

That the Committee:

(i)            agrees to the making of a Diversion and Definitive Map and Statement Modification Order under the provisions of Section 119 of the Highways Act 1980, and that the Order shall subsequently be either confirmed or referred to the Secretary of State for determination;

(ii)          agrees to the making of a Creation and Definitive Map and Statement Modification Order under the provisions of Section 26 of the Highways Act 1980, and that the Order shall subsequently be either confirmed or referred to the Secretary of State for determination; and

(iii)         agrees to the making of an Extinguishment and Definitive Map and Statement Modification Order under the provisions of Section 118 of the Highways Act 1980, and that the Order shall subsequently be either confirmed or referred to the Secretary of State for determination.