Decision details

Public access - Council owned riverside land in Kendal

Decision Maker: Cabinet

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Purpose:

To review Council owned riverside land in Kendal.

Decisions:

Summary

 

The Housing and Innovation Portfolio Holder presented a report on Public Access on Council owned riverside land in Kendal. The Portfolio Holder highlighted the closing of the New Road Common in September 2017 and informed Members that since the decision to close the Common to cars, the Environment Agency had sought and obtained planning and funding approval for the Kendal flood defences.

 

The Portfolio Holder highlighted that Cumbria County Council required the approval of the Council to site the landings of the footbridge on SLDC land. This lead to the recommendation to amend both Gooseholme and New Road Common Land boundaries to address a number of historic issues which had given the Council the opportunity to provide alternative Common Land to that which will be covered by the Goosholme Bridge and to secure the Green river corridor from North to South Kendal.

 

In addition it was highlighted that the EA would welcome the support of SLDC to de-register certain areas of Common Land, to support the installation of flood defences.

where there had been perceived issues. Under Common Land legislation, the proposed deregistration of the Common Land, required other Council owned land to be offered as replacement, the replacement land was proposed to be Aynam Road, Ford Park (land adjacent to Natland Road) and Beezon Fields which was outlined in Appendix 1 to the report. The Portfolio Holder highlighted that Cumbria County Council was to be invited to make a request for £75,000 of Community Infrastructure Levy (CIL) funding for the bridge.

 

The Portfolio Holder informed Members that the proposals had to be approved through consultation due to the deregistration of common land and that this was a vital step to enable two significant projects for the community.

 

Members expressed their support for the proposals, the need to support the river which was a heritage asset for Kendal and their hope that the Green Space at Ford Park would be maintained as it is now.

 

The Leader asked the meeting if the motion was agreed. There was no dissent.

 

Decision

 

RESOLVED – That Cabinet:-

 

(1)   approves the use of land on New Road and Gooseholme for the proposed Gooseholme/ New Road footbridge landings to be built including temporary works/restrictions, future maintenance of the structures and to delegate entering in to legal agreements to authorise such use with [Cumbria County Council/EA];

 

(2)   gives delegated authority for officers to commence a deregistration process for the land that the landings for the footbridge (noted above) are sited on, and the common land on which the flood defences will be sited;

 

(3)   approves that Beezon Fields and Ford Park (land adjacent to Natland Rd) be considered to the extent necessary as replacement land (in addition to the land on Aynam Road already approved) for deregistration of common land as noted in recommendation 2 above and recommendation 4 below;

 

(4)   approves that defined cycle routes across New Road and Gooseholme be deregistered for cycling connecting to the new bridge;

 

(5)   gives officers authority to explore amendments to scheme of management and byelaws to allow for future maintenance of flood defences, footbridge structure and work in the river;

 

(6)   approves that consultation proceeds with regard to the deregistration process of part of New Road Common to ensure that those parts of the New Road Common can be used to accommodate the flood defences, such accommodation land being integral to the Kendal Flood Relief Management Scheme; and

 

(7)   invites the County Council to submit a request for a contribution of £75,000 towards the project from the South Lakeland Community Infrastructure Levy.

 

Reasons for Decision

 

The proposals for the Council owned riverside land, Kendal links to the following Council Plan priorities:-

 

Working across boundaries to deliver economic growth - working with our partners to deliver regional growth by attracting external funding and delivering critical infrastructure;

 

Responding to climate change and enhancing biodiversity - ensuring that new development is sustainable, energy efficient and flood resilient working with local communities to improve;

 

manage and promote accessible public realm making the best use of our parks, open spaces and lakes;

 

developing town centres which are attractive and accessible for living, working, culture and leisure; and

 

ensuring that business areas are protected from flooding conserving and enhancing

the biodiversity of the District.

 

Alternation Options Considered and Rejected

 

To not approve the land for the footbridge landings to be built, to not de-register the land and to not support the footbridge financially. This is not advised when the footbridge provides a key piece of infrastructure in the Town. By de-registering the land for the footbridge landings and flood defence walls, it allows for maintenance works to take place on the structures in the future and the financial support allows for a more aesthetically pleasing structure to be installed.

 

Report author: Sion Thomas

Publication date: 05/02/2021

Date of decision: 03/02/2021

Decided at meeting: 03/02/2021 - Cabinet

Accompanying Documents: