Agenda item

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A PUBLIC RIGHTS OF WAY AT KIRKBARROW KENDAL IN THE PARISH OF KENDAL: DISTRICT OF SOUTH LAKELAND

[Electoral Divisions: Kendal Highgate]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

Minutes:

The Development Control and Regulation Committee considered a report from the Executive Director – Economy and Infrastructure which detailed an application received to add a section of public footpath at the site of the former Cock & Dolphin public house to the County Council’s Definitive Map and statement.

 

The application was accompanied by 28 rights of way evidence forms from local people claiming they had regularly used the routes on a daily basis on foot for a period of years ranging from 5 to 64. It was considered that this evidence was adequate to allege that a public right of way on foot existed.

 

Initially the two known landowners agreed to dedicate the claimed route as a public footpath under Section 25 of the Highways Act 1980 and a resolution was sought from this Committee on 27 November 2013.

 

However, during the course of correspondence it transpired there was in fact a third landowner affected by this dedication and who had failed to answer any subsequent correspondence.  It was therefore decided to revert back to the Modification Order application and a second consultation was initiated in February 2018.

 

The Countryside Access Officer advised members that the statutory undertakers and prescribed organisations had been consulted and that no objections had been received.

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The Local Ramblers Representative had pointed out that the present route contained a flight of steps that were recently installed by the developers of the nearby housing estate. As it appeared that the original claimed route did not contain any steps the County Council may have to pursue their replacement with a ramp but it was recognised that this would be a very difficult task.

  

No evidence had been produced to negate the claim that a public right of way on foot over this route was reasonably alleged to subsist, and therefore the recommendation was to approve the making of the Order.

 

The Local Member for Kendal Highgate said this issue had been ongoing for almost 7 years and needed to be resolved.  The Local Member for Kendal South supported this.

 

Members had some concerns with the lack of wheelchair access at the steps in this location, but accepted this may have to be pursued at a later date, should the County Council wish to do so. 

 

Mr N Cotton arrived at this point but did not vote.

 

One of the members asked whether the County Council had been consulted as a statutory consultee when the planning application for this was originally sought.  The Local Member said at the time of the original application this was not a recorded public right of way, so the local Planning Authority was not aware of it.

 

This was proposed and seconded and put to a vote, and with 16 for, 0 against and 1 abstention, it was

 

RESOLVED that,    

 

(1)       members authorise the Executive Director, Corporate, Customer & Community Services to make an order under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add a section of public footpath at the site of the former Cock & Dolphin public house, Kirkbarrow in the parish of Kendal as shown A-B-C-D-E on the plan at Appendix A to the County Council’s Definitive Map and Statement of Public Rights of Way;

(2)       If there are no objections to the made order members authorise the Executive Director, Corporate, Customer & Community Services to confirm the order.

 

The meeting broke at 11.00am and reconvened at 11.05am.

 

Supporting documents: