Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Page 1
PROGRESS ON RIGHTS OF WAY CASES AND DELEGATED MATTERS
1
SUMMARY
1.1
These papers are for information only, and provide updates on cases previously
authorised by this committee.
Recommendation that:
Members note the progress.
2
POLICY CONTEXT
2.1
Key delivery aims within the Lake District National Park Partnership’s Plan are to
promote a welcoming National Park for all, which encourages people to visit again,
and to enhance the quality and diversity of the visitor's experience through
improvements to accommodation, attractions, public realm and visitor facilities.
2.2
One of the agreed activities is to ensure that the Cumbria Countryside Access
Partnership effectively improves, promotes, and enhances the quality of the rights of
way and countryside access land in ways that meet the needs and preferences of
users and in ways that sustainably benefit the local economy and delivers wider
social benefits.
3
BACKGROUND
3.1
Under our scheme of delegation some matters are determined by members at
quarterly Rights of Way Committee meetings, whilst others are determined by the
Head of Countryside Services and reported annually to members.
3.2
The annex attached to this report details rights of way decisions made under the
Authority’s Scheme of Delegation so far during 2010-2011.
Background Papers:
Author:
Date Written:
Version
Rights of way files, parish files, agency agreement.
Nick Thorne, Access & Rights of Way Officer
6 December 2010
Final
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 1
PROGRESS ON RIGHTS OF WAY CASES, AND DELEGATED MATTERS
UPDATE TO THE RIGHTS OF WAY COMMITTEE
1.
Summary
1.1
This report details progress made on cases determined at previous Rights of Way
Committee Meetings, and an update on matters decided under delegated powers.
2
Gates and Stiles
2.1
Table 1 shows the new gates and/or stiles across rights of way where they were
considered necessary in the interests of agriculture or forestry which have been
authorised by the Head of Countryside Services.
3
Temporary Closure of Public Footpaths, Bridleways and Byways
3.1
Table 2 details the temporary prohibition of traffic orders or notices authorised by
the Head of Countryside Services:
4
Definitive Map Modification Orders, Public Path Orders and Creation
Agreements
4.1
All modification orders are determined by the Rights of Way Committee. Public
path orders and creation agreements are authorised by the Head of Countryside
Services where no objections are received during the informal consultation process.
4.2
If no objections are received, the order is confirmed. This usually takes between
three and six months. If objections are received during the consultation period or
after the order has been made, this Committee decide on the next steps. The
matter may be referred to the Secretary of State for determination.
5
Motor Events
5.1
Most motor events in the Lake District are authorised by the Motor Sports
Association, who consult us before doing so. The Head of Countryside Services
has delegated powers to reply to these consultations. He also has delegated
powers to give consent for events to use footpaths and bridleways under section 33
of the Highways Act 1980.
6
Details in tables
6.1
The tables on the next few pages detail the following:
Table 1
Table 2
Table 3
Table 4
Tables
5a & 5b
Table 6
Gates & stiles authorised by Head of Countryside Services so far in 2010-2011
Temporary traffic regulation orders authorised by Head of Countryside Services so
far in 2010-2011
Uncompleted cases authorised at all previous committee meetings
Cases considered at previous committee meetings completed so far in 2010-2011
Orders and agreements authorised by the Head of Countryside Services so far in
2010-2011
Motor events – consultations and authorisations so far in 2010-2011
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 2
TABLE 1: Gates & stiles authorised by Head of Countryside Services 2010-2011 (to mid-September)
Parish
Windermere
Right of Way
BW 581003
Haverthwaite
FP 528013
Location / Grid Reference
Above Limefitt Park - NY 4180 0318 & NY 4186
0336
Back Reddings Allotment - NY 3656 8327
Kentmere
Underskiddaw
FP 573003
BW 255022
Nook House – NY 4538 0443
Whitbeck – NY817 2593
Type of Obstruction and reason
Two deer-proof field gates to help create new native woodland. Gates will be
removed when woodland established.
New gate. Fence constructed to enable heather to re-establish by controlling
animal movement.
Field Gate. New plot created from open land.
New bridle gate. Fence erected to develop woodland.
TABLE 2: Temporary traffic regulation orders authorised by Head of Countryside Services 2010-2011 (to mid-September)
Parish
Above Derwent
Right of Way
FP 201053
Location
Low House
Ireby & Uldale
FP 237014
Above Derwent
FP 201017
Chapel House
Reservoir
Kentigern Bridge
Lakes:
Langdales
BW 543051
Great Langdale
Beck
Period
6 months from 2 July 2010
(extended in November
2010)
4 months from 23 August
2010
6 months from 23 August
2010
6 months from 21 Sept 2010
Reason
Bridge damaged in November 2009 floods – external funding being sought to
carry out expensive repairs.
To enable site investigation works related to future reservoir developments.
To enable works around the existing bridge to re-instate land washed out
during November 2009 floods.
To enable essential works related to new sewage facilities – alternative
available.
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 3
TABLE 3: Uncompleted cases authorised at previous Rights of Way Committee meetings (in order of decision date - to mid-September)
Parish
Right of Way
Location
Month of
Committee
Aug 2007
Reason
Above Doddick
Type of
Order
Modification
Threlkeld
New footpath
Kentmere &
Windermere
BW 537024
BW 581001
Garburn Pass
Modification
Sept 2007
Change of status to restricted
byway.
Muncaster
BW 418028
Muncaster Mill
Diversion
Oct 2009
Broughton East
& Staveley-inCartmel
Coniston
Various
Sturdy’s to Seatle
Modification
Oct 2009
Application to divert bridleway
retaining footpath rights from Mill
area.
Amendment of footpaths to
bridleways.
New
bridleway
FP 514026
Boating Centre &
Pier Cottage
Town End Farm
Creation
April 2010
Creation of new bridleway
Diversion
April 2010
Borrowdale
212009
Manesty
Creation
July 2010
Application to divert from
farmyard, and incidental other
improvements.
Upgrade to bridleway.
Lamplugh
FP 412004
Felldyke
Modification
July 2010
Alignment change.
Broughton West
Manor Farm
Muncaster
BW 418022
Muncaster Head
Diversion and
creation
Creation
Creation and
upgrading
Diversion,
Creation and
Extinguish
Diversion
July 2010
Eskdale
FP 520029
FP 520031
FP 409024
FP 408090
BW 408017
Various
Diversion round Manor Farm,
and addition of new path.
Extension through farmyard.
Upgrade footpath to bridleway
and create footpath over bridge.
Various proposals, mainly
diverting to walked line and
creating over used routes.
Divert onto historic track.
Crosthwaite &
Lyth
Gosforth
Eskdale
Middle Boonwood
Milkingstead
Brotherilkeld
July 2010
Oct 2010
Oct 2010
Oct 2010
Addition of footpath.
Current position (progress since last
committee meeting in italics)
Order made Sept 2007, objections – users
contacted re inquiry. Little response.
Order made Dec 2007, objections
received. Inspectorate to decide by way of
written representations – Order modified by
Inspector to BOAT, we have objected, as
have others - objections being determined
by Inspector.
Landowner applied for bridleway diversion.
Writing authorisation report.
Objections received to order - to be
submitted to Inspectorate for
determination.
Order made 11 May 2010 – works on
ground to be undertaken October 2010.
Order made 11 May 2010 – objections
received - to be submitted to Inspectorate
for determination.
Order made 3 August 2010 – objections
received - to be submitted to Inspectorate.
Order made 20 July 2010 – no objections
received. Ggates to be installed.
Orders made 20 July 2010 – objection
received.
Sent to Secretary of State - July 2010.
Awaiting all cases to reach one point for
forwarding to Secretary of State together.
Objection received.
Awaiting all cases to reach one point for
forwarding to Secretary of State together.
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Ennerdale
Various
Woundell Beck
Agenda Item: 8
Annex 1 Page 4
Diversion and
creation
Oct 2010
Divert bridleway over new bridge,
and associated changes.
Order made – complaint received,
objection expected by end of December.
TABLE 4: Cases considered at previous Rights of Way Committee meetings which have been completed during 2010-2011 (to midSeptember. Sentences in italics relate to cases concluded since the last committee meeting)
Parish
Right of Way
Location
Type of
Order
Reason
Conclusion
Modification
Month of
Committee
decision
Dec 2007
Bassenthwaite
BW 206008
High Close
Downgrade part to footpath.
Longmoor
Diversion
June 2008
Diversion to top of riverbank –
landowner interest.
Restricted
Byway
FP 212009
Birker Moor to
Dalegarth
Manesty
Modification
Oct 2009
Addition of Restricted Byway.
Order made April 2008, objections
received – with Inspectorate, to be
determined through written representations
procedure. Inspector ruled that order
should not be confirmed. Evidence not
‘new’. Route will stay as a bridleway.
Stiles now replaced with gates.
Order made and objection has been
received. Forwarded papers to
Inpsectorate – hearing in November. Order
confirmed, now complete (will now
progress creation over bridge).
Order confirmed.
Ennerdale &
Kinniside
FP 407043
Eskdale
Modification
Oct 2008
Coniston; Torver
& Dunnerdale
BW 512064
BW 576018
BW 521058
Walna Scar
Modification
Sept 2007
Small length of footpath at end of
two bridleways modified to
bridleway.
Change of status to restricted
byway.
Order made and objection received –
forwarded to Inspectorate – Order not
confirmed.
Order made Dec 2007, objections
received. Inspectorate to decide by way of
written representations – Order modified by
Inspector to BOAT, objections being
determined by Inspector, confirmed as
BOAT. Order quashed by High Court on
technicality – will begin process again.
Patterdale
Rough How
Bridge
FP 357021
FP 249027
Deepdale
Rough How
Bridges
Modification
Modification
Oct 2009
April 2010
Alignment change.
Amendment of one section from
bridleway to footpath and a
secondary alignment
modification.
Order made and confirmed.
Order confirmed.
Borrowdale
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 5
Lakes:
Langdales
BW 543029
Elterwater Quarry
Modification
April 2010
Alignment change.
Order confirmed.
Eskdale
FP 408012
Woolpack Inn
Diversion
Aug 2007
Mar 2008
To align map and walked route.
Objections received to order. Public
Hearing held 13 January 2009. Inspector
dismissed objections and order proposed
for confirmation with technical
modifications – modifications objected to
and Inspector to determine through written
representations procedure in October
2010. Confirmed.
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 6
TABLE 5a: Public path orders and agreements authorised by the Head of Countryside Services 2010-2011 (to mid-September – ones in
italics are since the last committee meeting)
Parish
Right of Way
Location
Type of
Order
Creation
Reason
Creation
Creation of new footpath through and linking open access areas – part on LDNPA land
Creation
Diversion
Creation of new footpath along access track to LDNPA woodland and to link with other paths
To enable the construction and long term presence of new sewage works for Elterwater
Diversion
Minor diversion because of change of access track
Diversion
Planning permission erroneously granted for new shed over definitive line – a small diversion
will put path through nearby wicket gate.
Path goes through garden (probable mapping error) and then plantation – diversion will put
path onto well used and easy to follow track.
Footpaths diverted for new bypass construction, built in wrong place – Highways Agency
paying to divert path.
Creation of short bridleway link from road to existing bridleways
Flood damage destroyed bridge over Torver Beck. Best place for bridge is new line, so path
was diverted. Also amending the map to show the walked lines on the open fell.
Large scale changes to bridleways and footpaths in Dunnerdale Forest, Hardknott to put
rights of way onto usable tracks rather than through the trees.
Definitive line passed over top of graves and over 8’ drop – diversion to put onto existing path
through graveyard.
Footpaths diverted onto new boardwalk and Chinese Bridge, and permitted path created (FP
212052) as public right of way additional link. Makes paths usable to more diverse groups of
people, easier to use and more sustainable.
Footpaths and bridleway obstructed, not easy to use, on incorrect alignments. Diverted onto
used lines.
Colton
Elterwater
FP 543017
Hawkshead
FP 529010
Hutton
FP 332003
Fell Side –
Calebreck
Yewbarrow
Woods
Skowbarrow Lane
Elterwater Car
Park
Waste water
treatment works
Stoddah
Lowther
FP 342006
Whale Farm
Diversion
Staveley-inCartmel
Strickland Roger
Torver
FP 573017
Diversion
Ulpha
Numerous
Whitestones
Balancing Pond
Garnett Bridge
Torver & Mere
Becks
Hardknott
Wythop
FP 264006
Borrowdale
FP 212001
and 212005
Threlkeld
FPs 369001,
002 and 006
BW 369003
FP 212098
BW 220003
Gategill and Gate
Gill
Diversions
Honister Quarry to
Grey Knotts
Diversions
FP 573046
Astley’s Plantation
Agreement
Caldbeck
Colton
Buttermere &
Borrowdale
Staveley-inCartmel
FP 576001
St Margaret’s
Church
Lodore-Manesty
Creation
Diversion
Diversions
and creation
Diversion
Diversions
and Creation
Dedication of 5km long bridleway on LDNPA land over Caldbeck Common
Application to divert FP 212098 to enable planning permission to be granted for satellite
dishes. Also diverted rest of Honister-Grey Knotts path onto used line and BW 220003 to
used line to avoid high drop over wall from Honister Slate Mine yard.
Creation of a half kilometre footpath from Fell Foot Brow car park through Astley’s plantation
to Sow How Lane. With a link to Gummer’s How.
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Upper Allithwaite
FP 579023
High Newton
Reservoir
Agenda Item: 8
Annex 1 Page 7
Agreement
Creation of a footpath beside High Newtopn Reservoir from public road U5227 northwards
onto open access land at Saskills.
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 8
TABLE 5b: Public path orders and agreements authorised by the Head of Countryside Services 2010-2011 – FIX THE FELLS ALIGNMENT
PROJECT (to mid-September – ones in italics are since the last committee meeting)
FIX THE FELLS ALIGNMENT PROJECT
Parish
Right of Way Location
Above Derwent
Various
Buttermere &
Brackenthwaite
Borrowdale
Various
Loweswater
Lakes &
Patterdale
Buttermere &
Brackenthwaite
Martindale
Various
Various
Various
Various
Various
Catbells and
surrounds
Rannerdale Knotts
& High Park
Rosthwaite,
Seatoller, etc
Crummock Water
Red Screes,
Kirkstone
Whiteless Pike,
Robinson
Place Fell –
Boredale Hause
Type of
Order
Diversions &
Creation
Reason
Creations to record the paths repaired on the ground by the Fix the Fells project as definitive
rights of way, and various diversions to align other definitive paths with the paths repaired on
the ground.
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 9
TABLE 6: Motor Events – consultations and authorisations by the Head of Countryside Services 2010-2011 (to mid-September)
6A – Motor Sports Association regulated events.
Date of
event
Location(s)
Type of
event
Description
1
Pendragon Stages
Kirkby Lonsdale MC,
etc
29/08/10
Lowther Park
1 day time
schedule
event
 Special Stage Rally
 Modern rally cars
90
Yes
Yes
No
2
Lake District Classic
Rally
Wigton Motor Club
4/7/10
Lowther
1 day time
schedule
event
60
No
Yes
No
3
Classic Illuminations
Rally
Morecambe Car Club
23/10/1024/10/10
Throughout
south of NP
Night time
Road rally
 Special tests
 Classic, historic, and
modern road rally
cars
 Mainly older cars –
pre 1972
60
N/A
Yes
No
4
Vintage Sports Car
Club Trial
Vintage Sports Car Club
6/11/10
Whinlatter and
Wythop
1 day time
schedule
event
110
max
Yes
Yes
Yes
5
Cockermouth Revival
Rally
Wigton Motor club
Grizedale Stages Rally
Furness District Motor
Club
17/10/10
Cockermouth
1 day time
limit event
 Trial of skill not
speed
 Pre-1941 vintage
cars
 Historic cars
Concerns about
 impact quieter areas
 disturbance to residents
 lack of economic benefit
 runs at night
 Through quieter areas
 They have taken note of previous concerns
and avoided Satterthwaite area

Regular event – always well run.
45
N/A
Yes
Yes

Very small amount in National Park, all on
tarmac road
3-4/12/10
Grizedale
Broughton
Moor
2 day time
schedule
event
 Special Stage Rally
 Modern rally cars
120
Yes
Yes
Yes

No objections raised subject to standard
conditions requiring local consultation.
Close liaison with organisers to manage use
of public rights of way during rally including
implementation of temporary closure order
(made by Cumbria CC).
Running on the Friday evening as well for the
first time.
6
CANCELLED
BECAUSE OF
WEATHER
CONDITIONS
6B – Motor Cycle Trials (not part of MSA agreement)
Comments
Authorised
?
Complies
with MSA
Agreement?
Name of event &
Organising Club
S33
Consent
granted?
MSA
Agenda Item: 8
Annex 1 Page 10
No. of
vehicles
Lake District National Park Authority
Rights of Way Committee: 11 January 2011
 Competitive event being held in summer months
 Uses public roads through Askham & Lowther
on August Bank Holiday Sunday.
 Event authorised this year subject to monitoring
controls etc.
 Competitive event being held in summer months


Lake District National Park Authority
Rights of Way Committee: 11 January 2011
Agenda Item: 8
Annex 1 Page 11
Type of
event
Description
-
Lakes 2 day trial
Barrow & District Motor
Club
October
2010
Broughton &
Dunnerdale
Fells
2 day trials
events
 Off road motorbike
event
-
Frank Jackson Trial
Barrow
&
District
Motor Cycling Club
4/2/11
Broughton &
Woodland
area
1 day trial
event
 Off road motorbike
event
Comments
Authorised
?
Complies
with MSA
Agreement?
Location(s)
S33
Consent
granted?
MSA
Date of
event
No. of
vehicles
Name of event &
Organising Club
175
Yes
n/a
n/a
Currently in discussion with event organisers –
landowner not yet given consent
Yes
n/a
n/a
o Connected to 3 other trials.
o Improved application and relationship.