Agenda Item No. 13
THE VALE OF GLAMORGAN COUNCIL
CABINET MEETING: 4TH JULY 2007
REPORT OF THE DIRECTOR OF ENVIRONMENTAL
AND ECONOMIC REGENERATION
APPLICATION FOR A PUBLIC PATH
DIVERSION ORDER – YSTRADOWEN 7
Purpose of Report
1. To inform
Cabinet of an application for the diversion of Public Footpath No.7
Ystradowen and to seek approval for the making of the relevant
Diversion Order.
Background
2. In a letter
dated 24th June 2005 the Penllyn Community Council asked
that the situation at this particular location on Public Footpath
No.7 Ystradowen be resolved, either by construction works or by a
diversion of the route.
3. The present
proposal comes as a result of an approach to the owner of the
affected land, initially with a view to allowing Valeways access to
enable the restoration of the original route over the embankment
that carried a railway line. The line itself has long been
disused, and the footpath crossing it between B and C, which was
maintained by the railway company when the line was operational,
has similarly fallen into disuse. The work would comprise two small
bridges over drainage channels and flights of steps up and down the
banks on each side, all structural items which would normally be
the responsibility of this Authority.
3. An informal
route has been used in its place, but is sometimes obstructed by
the landowners during their normal farming operations. The
landowners suggested the informal route be used as an alternative
to carrying out this work, and also agreed to a formal diversion of
the path onto this route provided they incurred no costs in so
doing. This would include the construction of a stile that
would be needed to remove the intermittent closure that presently
occurs.
4. In the light of
the expense of restoring and maintaining the original route,
coupled with the alternative route being substantially more
convenient for users, I therefore propose that an Order be made to
divert the path, with no reimbursement of costs falling to the
owner of the land. The route of the proposed diversion is
shown on the attached
map (Cab/070620/2/Y1.07) (PDF). The length of path to be
stopped up is shown as a solid black line A-B-C and the length of
new path to be created is shown as a dashed black line A-D-E-C.
5.
Valeways are anxious to have this route improved, and have agreed
to carry out all the physical works required on the ground to bring
the new path into being. These consist of a single stile and
some waymarking.
Resource Implications (Financial and
Employment)
6. The full cost of
the making of this Order will be met from the Public Rights of Way
budget. Works to bring the new path into being will be
carried out by Valeways volunteers, using materials funded from the
Public Rights of Way budget. These costs will be
significantly less than would be required to restore and maintain
the original route.
Legal Implications (to include Human rights
Implications)
7. It is proposed
that the order be made under Section 118 of the Highways Act 1980
and will be subject to normal statutory procedures.
Crime and Disorder Implications
8. There are no
crime and disorder implications.
Equal Opportunities Implications (to include Welsh Language
Issues)
9. There are no
Equal Opportunities implications.
Corporate/Service Objectives
10. A key target in the
Corporate Plan is to increase the total length of footpath and
other rights of way in the countryside that are considered to be
easy to use by the public. The diversion of this Public Right
of Way from a route over the railway embankment onto a flat and
level route will help to improve countryside access.
Policy Framework and Budget
11. This
report is a matter of Executive Decision by Cabinet.
Consultation (including Ward Member
Consultation)
12. The Local
Members and the Clerk of the Community Council have been consulted,
and no adverse comments have been received. Councillor Jarvie
has indicated his support for the proposal.
13. The local
representative of the Ramblers’ Association has also informally
confirmed that they would not have any objection to the formal
diversion of the path onto this route.
Appropriate Scrutiny Committee
14.
Economy and Environment.
RECOMMENDATIONS
It is recommended that:
(2)
Provided no objections are received, the Director of Legal, Public
Protection and Housing Services be authorised to confirm the Order
on confirmation by the Public Rights of Way Officer that the
required works have been satisfactorily completed.
(3) The
landowner not be required to reimburse the Council for the cost of
making the Order.
Reasons for Recommendations
(1)
The Order is required for the convenience of the users.
(2) There
are works to be carried out by Valeways on the new route of the
path.
(3) The
savings to the council in material, construction and future
maintenance costs outweigh the expense of making the Order.
Background Papers
None
Contact Officer: Chris Jones-Jenkins –
Telephone 01446 704810
Officers Consulted:
Financial Services
Head of Economic Development and Leisure
Legal Services (Committee Reports)
Rob Quick
Director of Environmental
and Economic Regeneration