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Local Members Interest
Derrick
Newcastle, Keele,
Huckfield Knutton & Silverdale
Countryside and Rights of Way Panel – 17 April 2015
Proposed Diversion of Public Footpath No. 18 Silverdale Parish
Recommendations of Cabinet Member (Highways and Transport):
1. That the Deputy Chief Executive and Director for Place be authorised to make
an Order under Section 257 (261) of the Town and Country Planning Act 1990
to temporarily divert Public Footpath No.18 Silverdale Parish and to enter into
an Agreement with Staffordshire County Council under Section 25 of the
Highways Act 1980 to create a new Public Footpath in Silverdale Parish.
Report of Deputy Chief Executive and Director for Place:
PART A
Why is it coming here - what decisions are required?
3.
Consideration of applications to divert, extinguish or create public rights of way
under the Highways Act 1980 and Town and Country Planning Act 1990 and
falls within the terms of reference of the Countryside and Rights of Way Panel
of the County Council's Planning Committee. This is a proposal to temporarily
divert Public Footpath No. 18 Silverdale Parish which will be directly affected
by mineral extraction at Knutton Quarry.
4.
Local authorities have discretion under Section 25 of the Highways Act 1980 to
enter into a Creation Agreement if they consider there is a need for a footpath
or bridleway in their area. As part of these proposals Ibstock Brick Ltd is
proposing to create a new public footpath to maintain a link between
Blackbank Road and Silverdale village.
Reasons for recommendations:
5.
Applications to temporarily divert rights of way may be made under section 257
(261) of the Town and Country Planning Act 1990 where it is necessary for
development to take place provided that planning permission has been
granted.
In this case Ibstock Brick Ltd has planning permission
(N.05/20/2014.M.NMA1) to extract clay at Knutton Quarry. The extraction site
is currently crossed by Public Footpath No. 18 Silverdale Parish and it will not
be possible to maintain access along the definitive line once the extraction
begins. The public footpath will, therefore, need to be temporarily diverted until
2043 when the site will be restored.
6.
The temporary diversion of Public Footpath No 18 will result in the loss of a
direct link between Silverdale village and Blackbank Road. In order to address
this issue, Ibstock Brick Ltd have agreed to enter into a Creation Agreement
with Staffordshire County Council under Section 25 of the Highways Act 1980
to create a link between Blackbank Road and another public footpath
unaffected by the development.
PART B
Background:
7.
Public Footpath 18 Silverdale Parish provides a link between Church Street
and Blackbank Road. The route allows residents of Silverdale to access the
wider path network within Apedale Country Park.
8.
On 29 October 2014 Staffordshire County Council granted planning permission
for the extraction of clay at Knutton Quarry. As a result of these workings
Public Footpath No.18 Silverdale Parish will no longer be useable and it will
not be possible to reinstate the footpath on its original alignment until the
restoration of the quarry in 2043.
9.
In order to facilitate the implementation of the planning permission, Ibstock
Brick Ltd have applied to divert the footpath to the west of its existing route to
link with Public Footpath No.14 Silverdale Parish.
10. Public Footpath No 14 is currently a cul-de-sac route because it does not link
with a public highway at its northern end. As part of these proposals Ibstock
Brick Ltd intend to enter into a creation agreement with Staffordshire County
Council under Section 25 of the Highways Act 1980 to create a public footpath
between Public Footpath No.14 Silverdale Parish and Blackbank Road. This
will maintain the link between Silverdale village and Blackbank Road and will
also resolve an anomaly on the County Council’s Definitive Map.
11. The proposed diversion and newly created footpath will maintain existing path
links and as part of these proposals Ibstock Brick Ltd propose to install a
compacted, firm, even and free draining surface on both routes.
12. The proposals have been subject to informal consultation and advertisement
on site. Ibstock Brick Ltd also conducted pre-consultation discussions with the
local Liaison Committee. No objections or representations have been received.
13. Section 25 of the Highways Act 1980 requires an authority to consult any other
authority in an area but not the Parish Council or public. Newcastle Borough
Council will be consulted on the proposed creation if Members agree to the
recommendation in this report.
Recommended options:
14. That an Order be made under Section 257 (261) of The Town and Country
Planning Act 1990 to temporarily divert Public Footpath No.18 Silverdale.
15. That the County Council enter into a Creation Agreement with Ibstock Brick
Ltd, as landowner, to create a public footpath between the northern end of
Public Footpath No 14 Silverdale and Blackbank Road.
Other options available:
16. The proposed diversion is the most convenient alternative to the current
definitive line, so no other alternatives have been considered.
Equalities implications:
17. A site inspection of the existing and proposed routes has been undertaken.
Wherever possible, works will be undertaken to any proposed routes which will
facilitate access for the less agile. Ibstock Brick Ltd propose to install a
compacted, firm, even and free draining surface on both routes which should
prove beneficial to path users.
Legal implications:
18. The effect of the Diversion Order, if confirmed, will be to amend the route as
recorded on the Definitive Map.
The effect of the Creation Agreement, if confirmed, will be to include the route
as a public footpath on the Definitive Map.
Resource and Value for Money implications:
19. The cost of making and advertising the Diversion Order, estimated to be in the
region of £1,800 will be met by the landowner. The cost of making and
advertising the Creation Agreement, estimated to be in the region of £1,500,
will be shared between the landowner and Staffordshire County Council.
Risk implications:
20. As with any recreational pursuit there are risks to users accessing the
countryside. However, the risks associated with the proposed routes are not
considered to be any greater than those presented by the current route.
Report author:
Author's Name:
Ext. No.:
Room No.:
Mrs. Noreen Davidson
7240
Floor 3, No.1 Staffordshire Place
List of background papers:
Application form and accompanying documents.
Consultation responses.
File: NL3523/1657