Decision details

It is recommended that the Head of Transport & Infrastructure: -
a)Approves the entering into a Creation Agreement with Stonebridge Homes Ltd. as it is considered that the proposal delivers the requirements of the planning permission. A Public Path Creation Agreement under Section 25 of the Highways Act 1980 is the statutory means by which this is achieved.
b)Authorises the Head of Legal Services to make an order under Section 25 of the Highways Act 1980, as set out in the schedule and plan, to create a Public Footpath through a Creation Agreement with Stonebridge Homes Ltd.
c)Agrees that public notice of the making of the Agreement be given, by way of site notices.
d)Agrees that the date the order comes into force must not be a date before the adjoining paths are made legal.

Under the relevant planning consent, it was a condition that the new Footpaths should be dedicated by the landowner as Public Rights of Way. A Creation Agreement is therefore proposed to create the three new Public Footpaths maintained at the public expense, as shown on the attached plan.
This is Non-Key as it does not meet the required threshold.

1.Reject the dedication of the paths. This would not be in accordance with the approved planning permission. The new paths were agreed as part of the planning process for the residential development and represent the outcome of detailed negotiations with the developer and landowner to provide a network that improves recreational access and connects into the wider network.
2.The paths could be left as informal or created as premiss. This is not felt appropriate. If the paths are not dedicated as Public Rights of Way then they could be closed by the landowner at any point in the future. The use of Section 25 of the Highways Act 1980 creation agreement is the most effective way of ensuring the future protection and management of the routes by the council.