Decision Maker: Cabinet
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
This report is to agree the principal as the
landowner of Goosholme and New Road Common for the Highway
Auhtority (Cumbria County Council) to make an order to assign
Bridleway Status to the paths on that land.
The Economy, Culture and Leisure Portfolio Holder presented a report on providing cycling provision on Gooseholme and New Road in Kendal. The report set out proposals which formed part of the package of funding secured by Cumbria County Council (CCC) to repair the Gooseholme Bridge with a grant of £250,000 being secured on the basis that the new bridge would be able to accommodate both walking and cycling and would align with Sustrans objectives of improving sustainable travel methods.
In order to meet the conditions of the grant, CCC had to be able to demonstrate that it was possible to cycle both to and from the bridge and that a credible improvement had been made to the cycling network in Kendal. At the February 2021 meeting of the Cabinet a decision approval was given, in a report relating to Flood Relief Management Scheme at New Road and Gooseholme, to deregister defined cycling routes across New Road and Gooseholme in order to connect to the new bridge. However, due to delays with the delivery of the Environment Agency (EA) Flood Defence Scheme it had not been practical to move forward with deregistration.
As part of CCC work on developing a Local Cycling and Walking Infrastructure Plan (LCWIP) for Kendal, connectivity for both cyclists and pedestrians across New Road and Gooseholme had been identified as important to the establishment of a comprehensive network of cycling and waking routes into the town centre.
The report proposed an alternative approach for the Council to agree as landowner that CCC in its role as the Highway Authority could amend the designation of the current paths on Gooseholme and New Road common to bridleways therefore allowing cyclists to lawfully use those pathways. This approach would be undertaken by CCC as Highways Authority through the use of a ‘Creation Agreement’, a legal agreement signed by the two parties (Landowner and Highways Authority), the right to cycle would come into existence on the date given in the agreement with notice of the agreement being published by the Highway Authority in at least one local paper. The designation would apply to the pathways on Gooseholme and New Road Common only and would not create wider legal rights across the adjoining common are with no physical change to the paths.
Members expressed their support for the proposals set out in the report and noted that the proposals represented the most logical way to achieve a cycle route which incorporates the new bridge at Gooseholme and New Road.
RESOLVED – That:-
(1) as the landowner of Gooseholme and New Road Common it be agreed that Cumbria County Council be permitted to facilitate the conversion of the current footpaths as marked in appendix three to bridleways therefore legally permitting cycling on those pathways; and
(2) the Director of Customer and Commercial Services, in consultation with the Legal, Governance and Democracy Lead Specialist (Monitoring Officer), be delegated authority to agree and enter into the required legal agreements to facilitate the above.
Reasons for Decision
This proposal helps South Lakeland meet its Council plan objectives under addressing climate emergency by:
· Developing town centres, which are attractive and accessible for living, working and leisure;
· Working with Cumbria County Council and other partners to promote and encourage the provision of and access to sustainable public transport across the district;
· Promoting active transport including cycling and walking; and
· Supporting preparation and implementation of Kendal cycling and walking strategy
Alternative Options Considered and Rejected
That the Council waits for the appropriate time within the context of the Environment Agencies flood scheme to formally deregister the paths and permit cycling on the deregistered land.
This would not be achievable in time to satisfy the Sustrans obligations and consequently that funding would be at significant risk.
Report author: Gareth Candlin
Publication date: 12/08/2022
Date of decision: 04/07/2022
Decided at meeting: 04/07/2022 - Cabinet